1965

Schmidt v. Richmond

Supreme Court of Virginia

206 Va. 211, 142 S.E.2d 573

City sought to condemn property to expand playground at school. After service of the petition, landowners did not file any responsive pleadings. For trial on just compensation, trial court only summoned five disinterested freeholders, although statute required nine. Further, landowners were not given notice of just compensation hearing. Landowners later moved for setting aside the order approving the award. Trial court declined to do so. Supreme Court reversed and remanded. Eminent domain statutes must be strictly construed and followed. The statute required nine disinterested freeholders be summoned. The owners were entitled to notice of the trial and an opportunity to be heard

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