1868

Wade v. City of Richmond


Supreme Court of Virginia
59 Va. 583
 

In 1867, the General Assembly passed an act to have the City of Richmond annex a large part of Henrico County. Property owners who had been left in the County sought to enjoin the annexation as unconstitutional on several grounds, including the burden of increased taxes, which was taking property without just compensation. Those who had been annexed joined the suit because of the greater taxes they would pay in the City. The trial court denied injunctive relief and the Supreme Court affirmed.  While the landowners asserted they were having private property taken for public purposes without just compensation, any wrong was not done by a violation of the Constitution, but by the lack of discretion of the General Assembly, which was not a matter over which the Court could take jurisdiction.

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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