1973
State Highway Comm’r v. Hooker Furniture Corp.
Supreme Court of Virginia
214 Va. 137, 198 S.E.2d 649
Statute in effect at time of compensation trial required five commissioners to hear case. Due to insufficient number of prospective commissioners, by agreement of all parties, only four heard case and made an award. Supreme Court stated that all statutes conferring the power of eminent domain must be strictly construed against the grant. However, with agreement of all parties and trial court’s approval, strict compliance could be waived, and agreement would be enforced.
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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