1916

New River, Holston & W. R.R. Co. v. Honaker

Supreme Court of Virginia

119 Va. 641, 89 S.E. 960

Petition having been dismissed on appeal for jurisdictional reasons, Railroad moved that commissioners not include improvements Railroad had made during the pendency of the first appeal. Commissioners awarded a total of $5,300 for the take and residue damage. Commissioners were examined about their report and examination revealed that during the trial, landowner had provided commissioners with lodging, dinner and whiskey. Supreme Court reversed and remanded. As a matter of public policy, the proceedings needed to be kept free of any appearance of influence. Further, the improvements made by the Railroad were done under an order that was valid until reversed. The landowners were not entitled to any value of those improvements which were the railroad’s, and refusal to award landowners was not a deprivation of their property without due process.

Back to Eminent Domain Case Finder Main Page
To Case Name Index
To Topic Index
To Date Index