1979

State Highway & Transp. Comm’r v. Trs. of Parsonage of Broadford Methodist Episcopal Church, South


Supreme Court of Virginia
220 Va. 402, 258 S.E.2d 503
 

Due to a mistake in filing a certificate of deposit, Commissioner entered on parsonage land without title to the land. Mistake was discovered three years later, and Commissioner filed necessary certificate. At trial, the commissioners found the damages to the take and the residue to be greater than the amount deposited. Trial court decided interest should run from the improper entry, not the later filing of the certificate.  Supreme Court reversed. By statute in effect at that time, any excess award, greater than the amount deposited with the court, had accrued interest from the date of the deposit with the court.

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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