1920
Richmond v. Childrey
Supreme Court of Virginia
127 Va. 261, 103 S.E. 630
City changed grade of road, which landowner asserted damaged her property. City Council had delegated road grading changes to an administrative board. At the direction of Council, and before the grading work was done, administrative board examined the property and determined that no damages would occur as a result of the road grade change. Landowner brought a trespass action after completion of the work and jury awarded her $1,185. Trial court affirmed verdict. Supreme Court affirmed. Strict compliance with eminent domain statutes must occur. Assessing what damage might happen before adopting the resolution of grading was not in compliance.
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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