1919
Nelson County v. Coleman
Supreme Court of Virginia
126 Va. 275, 101 S.E. 413
County condemned land of Coleman for county road. Commissioners awarded her $435 which she accepted. A year later, contractor constructed road in wrong location. Coleman filed claim with County for the additional damage and County did not pay. On appeal to circuit court, jury awarded her $300 which trial court reduced to judgment. Supreme Court affirmed. The County took her property without authority and converted it to a public use. Coleman had right to sue based on an implied contract to pay such amount as would have been awarded if property had been condemned under eminent domain.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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