1919
Sch. Bd. of Harrisonburg v. Alexander
Supreme Court of Virginia
126 Va. 407, 101 S.E. 349
Board sought to condemn 1.74 acre lot for its purposes. Landowner demurred, because lot was her residence and more than one acre. Trial court sustained demurrer and refused to appoint commissioners. Supreme Court affirmed. Court held that building was a dwelling. Statutes granting eminent domain must be strictly construed. The applicable statute said no dwelling could be taken by a school district. This specific language constrained any general power set out in other statutes.
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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