1910

Norfolk & Ocean View Ry. Co. v. Consol. Tpk. Co.

Supreme Court of Virginia

111 Va. 131, 68 S.E. 346

Receivers appointed in federal court brought a petition to condemn property belonging to Turnpike Company. Before state condemnation proceedings concluded, receivers sold land to Railway which made or acquired improvements on the land. When commissioners heard evidence, the award for the take without improvements was $6,200, and with the improvements was $57,200. Trial court confirmed award with improvements and directed condemnor to pay that within three months. Supreme Court reversed and final judgment. Court held that where a corporation with the power of eminent domain lawfully enters into the possession of the land, places improvements thereon, and then institutes condemnation proceedings to cure title or extinguish liens, the just compensation does not take into consideration the value of such improvements. Judgment was entered for the $6,200.

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