1962

Thomas v. State Highway Comm’r

Supreme Court of Virginia

203 Va. 626, 125 S.E.2d 861

Landowner filed a petition in condemnation against Commissioner, alleging that Commissioner had entered and taken possession of landowner’s property without filing condemnation proceedings, obtaining an agreement or making a bona fide offer of purchase. Commissioner denied land was unlawfully in his possession, and that landowner had agreed in writing to convey the property to the Commonwealth. Trial court sustained Commissioner’s motion to dismiss. Supreme Court affirmed. Statute in effect at that time set forth certain conditions under which a landowner could petition for the appointment of commissioners to determine just compensation. Landowner’s petition did not make the necessary allegation that Commissioner had entered and taken possession of the property under the authority of the condemnation statutes.

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