1901

Virginia-Carolina Ry. Co. v. Booker

Supreme Court of Virginia

99 Va. 633, 39 S.E. 591

In 1888, prior railroad commenced condemnation proceedings, and commissioners awarded $299.50 for the take of the cleared land, and damage to its residue at $750. The take of the knob land was valued at $34.20, with damage to its residue at $250. Landowner filed exceptions, but no action was taken for twelve years. In the intervening time, landowner sold the land to a development company, and the railroad was purchased by Virginia-Carolina. The development company had the entire land partitioned among its stock holders and had its charter annulled. The cleared land went to one group and the knob land to Mrs. Booker and others. Cleared land owners sold right of way tract to Virginia-Carolina which paid into court the full amount of the 1888 award, $1,333.70. Additional exceptions were made and trial court gave three-sixths of award, plus interest from 1891, to knob lands group. Supreme Court reversed and remanded. The trial court attempted to divide the payment in proportion to the stock ownership. There was no reference in the prior deed to the development company of the existing award, nor was that award ever carried on its books as an asset. The fund then was to be divided in the amounts the commissioners awarded twelve years earlier.

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