1885
Roanoke City v. Berkowitz
Supreme Court of Virginia
80 Va. 616
For sanitation purposes, City sought to drain area by running a stream through landowner’s property. Commissioners were impaneled, and their report awarded $1,000 if City condemned the land, and $200 if City only condemned use of the land. Trial court confirmed the $1,000 award. Supreme Court affirmed. The statute in effect at that time required that the entire fee be taken and not an easement. The commissioners were directed to report on the fee simple value of the land. The City could not be heard to deny the validity of the statute under which they decided to proceed.
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.
Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index