1892

Norfolk v. Chamberlain

Supreme Court of Virginia

89 Va. 196, 16 S.E. 730

City unitized condemnation proceeding to widen and extend street. Affected landowner received $1,200 as just compensation. Shortly thereafter, landowner received an assessment of $1,500 for betterments to his property by the street improvements. Landowner was able to get a permanent injunction and City appealed. Supreme Court affirmed. When the commissioners made their report, it included damage to the residue beyond the peculiar benefits to be derived with respect to such residue from the work to be constructed. The City was without any authority, either constitutional or statutory, to make an assessment for betterments in this circumstance. Further, just compensation was to be in money, not betterments to the residue of the tract.

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