1900
Painter v. St. Clair
Supreme Court of Virginia
98 Va. 85, 34 S.E. 989
Road commissioners made a report to the Pulaski County court that land should be condemned for a road, and that Painter should receive $242. Notice was sent out to the landowner and he filed for an injunction to stop any further proceedings. His request was denied, and Supreme Court reversed and entered judgment. Landowner asserted the statute authorizing road commissioners to act was unconstitutional as it denied due process of law. Requirements of the statute as to the make-up of the road commissioners were not correctly followed and the formalities were not observed. The condemnation should have been enjoined.
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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