1959

Tiller v. Norfolk & W. Ry. Co.

Supreme Court of Virginia

201 Va. 222, 110 S.E.2d 209

Railway was condemning section of State highway to build spur and relocate highway on property of landowners. Trial court held that Railway had made a bona fide but ineffectual offer to purchase property. Commissioners awarded $12,500 and award was confirmed by trial court. Supreme Court affirmed. Court held that railway companies have the right of eminent domain by Va. Code § 56-347. Court further stated that taking of land and highway, with the permission of the State Highway Department, to construct a spur track for public use, was in the public interest and incidental to the broad powers of eminent domain given the Railway by statute. The award was not so grossly inadequate as to show prejudice or corruption and was supported by the evidence.

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