1908

Seaboard Air Line Ry. v. Chamblin


Supreme Court of Virginia
108 Va. 42, 60 S.E. 727
 

Railway bought the one-half interest of surviving partner in partnership owned real estate, and sought to condemn the remaining half from the heirs and administrators. Commissioners made report that if they could consider the earlier sale, the just compensation would be the same amount: $27,500. If that earlier sale was not proper evidence, the award was $25,000. Trial court entered judgment for the $27,500. Supreme Court affirmed. The property the Railway purchased was identical to what was being condemned. That sale was not under compulsion or by way of a compromise. It was competent evidence as to the fair market value of the remaining one-half.

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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