1913

Richmond v. Williams


Supreme Court of Virginia
114 Va. 698, 77 S.E. 492
 

City filed petition to widen street and named both owner and tenant as defendants. Commissioners awarded $1,600 to owner, $100 to tenant, and $650 to tenant for damages necessitated by need to move stacks of lumber and replace fences. Trial court affirmed award.  On appeal, City objected to any damages for moving stacks of tenant’s lumber. Supreme Court affirmed. In appropriating land to the uses of the City, it became necessary to move great quantities of lumber. By compelling the tenant to move the lumber, a burden was imposed which diminished the value of the lumber and damaged its owner.  There was no error in instructing the commissioners to consider the expense of moving the stack of lumber.

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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