1983
State Hwy. Comm’r v. Forrest
Virginia Circuit Court
7 Va. Cir. 211
Commissioner moved to amend filed certificate of take to condemn less property and to have a portion of the deposited compensation money returned. Court held that absent any manifest fraud, or the Commissioner acting in an arbitrary and capricious manner, the amendment would be allowed. The Commissioner may always recover funds if the landowner has been overpaid.
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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