1910
Wilburn v. Raines
Supreme Court of Virginia
111 Va. 334, 68 S.E. 993
County applied to change a road pursuant to the Giles County Road Act in effect at that time. Landowners sought to enjoin county road commissioners from hearing petition. Trial court dismissed action. Supreme Court affirmed. Court held that statute did not deprive owners of their property without due process, and their constitutional right of appeal in condemnation actions was not violated by the statute limiting the right of appeal to damages. The General Assembly did not act unconstitutionally in enacting a special road law where the general law was not adequate.
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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