1914

Richmond v. Thompson’s Heirs

Supreme Court of Virginia

116 Va. 178, 81 S.E. 105

City filed petition to condemn private alley for public purpose. Alley, owned in fee simple by Heirs, was subject to an easement that allowed others to access Heirs’ property. Trial court instructed the commissioners that the City could not condemn a less interest in the alley than that which was owned by the Heirs. Supreme Court affirmed. As the Heirs owned the alley in fee simple, they also owned the bed and soil of the alley. The City’s position that the Heirs were only owed nominal compensation because their title was subject to the easement was incorrect. They were entitled to fair market value subject to the easement.

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