Plummer v. Director, Department of Conservation & Economic Development

166 S.E.2d 281, 209 Va. 616, 1969 Va. LEXIS 151
CourtSupreme Court of Virginia
DecidedMarch 10, 1969
DocketRecord No. 6845
StatusPublished
Cited by3 cases

This text of 166 S.E.2d 281 (Plummer v. Director, Department of Conservation & Economic Development) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Plummer v. Director, Department of Conservation & Economic Development, 166 S.E.2d 281, 209 Va. 616, 1969 Va. LEXIS 151 (Va. 1969).

Opinion

Snead, J.,

delivered the opinion of the court.

Pursuant to the provisions of Code §§ 25-120 et seq, the Director of the Department of Conservation and Economic Development, on [617]*617behalf of the Commonwealth of Virginia, appellee, filed on January 4, 1967 a single petition against a number of landowners to condemn twenty-three parcels of land in Grayson county for the purpose of creating Mt. Rogers State Park. An agreement was entered into between petitioner and the landowners by counsel and approved by the trial court that, instead of proceeding under the Public Parle Condemnation Act the procedure to be used would be that for acquiring property by the State Highway Commissioner under Title 33 of Code 1950, as amended. The commissioners, after viewing the tracts of land and hearing evidence, filed their report on each tract. Dora Plummer and sixteen other property owners, appellants, filed a joint motion requesting the court to reject the reports respecting their properties on the ground, among others, that several of the commissioners selected by the court were not residents of the county wherein the tracts were situated and to order new hearings by legally qualified commissioners. By an order entered June 5, 1967, the trial court overruled the motion and confirmed the reports of the commissioners. We granted appellants a writ of error to the entry of this order.

No court reporter was present during any of the proceedings had and a “Statement of Incidents of Trial” was prepared by counsel and certified by the trial court. The pertinent parts follow:

“* * * [A]t the request of all interested parties, the Court was asked to appoint nine (9) commissioners as provided in the Highway Condemnation Statutes, and included in the members so appointed and summoned, at least three (3) members [who] reside in that portion of Grayson County, Virginia, within the corporate limits of the City of Galax, a city of the second class. The City of Galax has no court of record, and the Circuit Courts of Grayson and Carroll Counties exercise jurisdiction in the City; records, deeds, etc., are recorded in the Clerk’s Office of Grayson County, and residents of Galax: serve on Grayson County juries, and Galax has in all Court proceedings been considered a part of Grayson County. Its citizens vote for the Commonwealth Attorney, Clerk and Sheriff of Gray-son County. No objections were made to the appoint [appointment] of commissioners at the time of appointment, but after the first hearing the landowners objected to the commissioners from that portion of Grayson County lying within the corporate limits of the City of Galax, Virginia, on the ground that they were not residents of the County in which the land to be condemned was situ[618]*618ated, which motion was overruled by the Court and exception taken.

Jl. At, M. M, M. tile VP VT W W W W W

“For a period of time from February through April, these cases were tried and awards returned in each individual case, the last of said cases being the Bruce Houck tract tried on April 17, 1967. On April 25, 1967, the defendants moved the Court to decline to accept or to disapprove or set aside the findings of the commissioners and to decline to enter final judgment on the grounds above mentioned. By order entered on June 5, 1967, the Court, being of the opinion that under the Highway Condemnation Statutes, the defendant landowners must file written exceptions not more than ten (10) days after the rendering of the reports, and being further of the opinion that the exceptions were barred by this provision except as to the Bruce Houck property, tried on April 17, 1957, denied the motion of the defendant landowners, and overruled the motion as to the Bruce Houck tract.”

The city of Galax was created by Chapter 562 of the Acts of Assembly, 1954, as a city of the second class, and was formed of lands lying in both Carroll and Grayson counties.

The stipulation shows that appellants objected before any evidence was heard in their cases to certain of the commissioners selected as being residents of Galax and not of Grayson county wherein the land sought to be condemned is situated. The sole issue involved under the assignments of error relied upon is whether the trial court erred in overruling appellants’ motion to reject the commissioners’ reports and to order new findings of fact by legally qualified commissioners.

At the time the hearings were had, Code, § 33-63.1

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth Transportation Commissioner v. Powers
19 Va. Cir. 174 (Fairfax County Circuit Court, 1990)
State Highway Commissioner v. Hooker Furniture Corp.
198 S.E.2d 649 (Supreme Court of Virginia, 1973)
State Highway Commissioner v. Fairmac Corp.
181 S.E.2d 605 (Supreme Court of Virginia, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
166 S.E.2d 281, 209 Va. 616, 1969 Va. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plummer-v-director-department-of-conservation-economic-development-va-1969.