Roanoke City v. Beekowitz

Citations

• 80 Va. 616

Syllabus

<p>1. EutNENT D0MAIN-Municiftal corjorcthons-Condernnalion of land.Report of commissioners to condemn land for municipal purposes will not be quashed on the ground that a commissioner appointed, at the instance of the municipality, was interested, where the record does not show that the municipality was ignorant that he was interested when so appointed. Ignorance of the attorney making motion for the appointment, is not evidence of the municipality's ignorance that the commissioner was interested. But if commissioner was interested ahd disqualified, and municipality was ignorant, report will not be quashed, if record shows that the damages assessed are not excessive.</p> <p>2. IDE1VI-Inieresi in land condernned.-Corporations condemning land under Code 1873. chapter 56, section 11, must take and pay for the fee-simple, and not merely an easement, except it be a turnpike company.</p> <p>3. C0NsTITuTI0N-Condernnalion offee-siv~ple.-This statute requiring the condemnation of the fee-simple is not repugnant to the constitution. And if it was, the municipality cannot be heard to deny the validity of the statute under which it has chosen to oroceed.</p> <p>4. MUNICIPAL CoRPoRATIoNs-Damages-Ordinance.--- Ordinance to which land-owner refused assent, allowing him to build across the drain to be cut through land proposed to be condemned for the purpose, cannot be considered in assessing the damages.</p>