1909

Potomac Power Co. v. Burchell

Supreme Court of Virginia

109 Va. 676, 64 S.E. 982

Power Company filed to acquire three acres from landowner. Commissioners set award at $150. Power Company paid that into court. Landowner entered into agreement that he would forgo exceptions to the report on condition that Power Company would pay an additional $100 within five years or title would revert back to landowner. Landowner died before the expiration of the five years and Power Company alleged that as no one qualified as administrator, it was unsure how to pay the money. Landowner’s son replied that he had qualified under his father’s will, the five years had expired, and he could have been paid if Power Company was going to abide by the agreement. At trial, court ruled the land was to be conveyed back to the executor. Supreme Court reversed and remanded. The statute in effect at that time provided that if the award money was paid into court, the title vested in the condemnor in fee simple. The money had been paid to the court, the report was confirmed and the funds paid out to the landowner’s attorney. Power Company then owned the land in fee simple. Although the agreement called for a forfeiture, the law did not favor this penalty. If the required amount could be paid, the payor would be relieved of the penalty.

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