1954

Va. Elec. & Power Co. v. Marks


Supreme Court of Virginia
195 Va. 468, 78 S.E.2d 677
 

VEPCO initiated condemnation proceeding against landowner to obtain permanent easement to erect electric transmission lines.  Five commissioners heard case and awarded a total of $6,950. VEPCO objected to the award asserting that it was grossly excessive, speculative and reached in an improper manner. All commissioners appeared before the court to explain the method they used to arrive at the award and trial court confirmed their report. Supreme Court affirmed. The evidence amply supported the award. Evidence showed commissioners strived to arrive at an award, and after a full consideration of the evidence, reconciled their views and agreed on the award returned. There was no agreement before the deliberations to tally up a total amount and divide by five. Trial court also properly awarded interest.

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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