1920

State Highway Comm’r v. Kreger

Supreme Court of Virginia

128 Va. 203, 105 S.E. 217

Commissioner filed petition for condemnation and asked to have commissioners appointed. Landowner objected and argued statute permitting the commissioners’ appointment was without effect and the trial court was without jurisdiction to appoint commissioners. Trial court agreed and dismissed petition. Supreme Court reversed and remanded for hearing by commissioners. The Constitution of Virginia stated that the General Assembly shall not enact any law whereby private property would be damaged or taken for public use without just compensation. Landowner argued that statute did not provide for payment of the compensation with the certainty required by the Constitution. The statute required that the compensation be paid before title could vest in the Commonwealth and before entry could be made to commence construction. The statute ensured payment with reasonable certainty and without unreasonable delay. It fully complied with the guaranty of the Constitution.

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