1965

Siegfried v. Charlottesville


Supreme Court of Virginia
206 Va. 271, 142 S.E.2d 556
 

Charlottesville filed petition to condemn triangular parcel of land from Siegfried.  The day before just compensation trial, a newspaper article stated Siegfried wanted $400,000 for the take.  Local radio stations also broadcast news about the upcoming trial. Nine potential commissioners were examined upon voir dire. All responded they had heard or read the news reports. All stated they had no bias or prejudice for either side. After five commissioners were sworn, Siegfried objected to going forward with the case because of the media exposure. Trial court overruled the motion. The commissioners awarded $14,750 for the take and nothing for the residue. Supreme Court reversed and remanded. The information in the media contained details that the commissioners would never have heard otherwise. This included the $12,717 that the City paid into court with the certificate of deposit. The trial court, in light of Siegfried’s objection, should have continued the trial, dismissed the commissioners, and granted the landowner a rehearing.

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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