1905

Richmond & Petersburg Elec. Ry. Co. v. Seaboard Air Line Ry.

Supreme Court of Virginia

103 Va. 399, 49 S.E. 512.

Seaboard needed land of Richmond railway for construction of line. Commissioners awarded Richmond $995.40, and trial court confirmed. Richmond appealed the award as inadequate, in that commissioners refused to consider an important and essential element of damages. Supreme Court affirmed. The report was entitled to great weight and not to be disturbed unless shown to be erroneous by clear proof. Richmond intended that property be developed as a park with a hotel, casino and golf links, and the Seaboard line had ruined this plan. Richmond wanted the commissioners to value the take as a park. Court held that it was the present value of the land with its adaptations to general and special uses. The commissioners were not to consider prospective or speculative value based on possible future improvements.

Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index