1906

Swift & Co. v. Newport News

Supreme Court of Virginia

105 Va. 108, 52 S.E. 821

Company owned building fronting on a street on which the City decided to change the grade. The work was begun before the new Constitution of Virginia took effect, but did not reach the landowner’s property until after that date. The new Constitution provided that just compensation was due when private property was damaged for public use, where before just compensation was only due if the property was taken. As a result of the grade change, Company had to raise its sidewalk, and brought action alleging the market value had been damaged in the amount of $400. Jury found for City and Supreme Court affirmed. When the new Constitution required compensation for damage to property for public use, that provision was self-executing, and the common law would furnish the appropriate action for redress of such grievance. The measure of damages was the difference in the value of the property before and after the grading. Further, if there was any enhancement in the value peculiar to this property, and not generally to all affected properties, that exceeded the reduction in value, there was no damage. The evidence in the case showed enhancement to this property far exceeded any damage, and the verdict was appropriately supported.

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