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TROUT v. COM. TRANSP. COM'R OF VA.

Record No. 900259.

400 S.E.2d 172 (1991)

William H. TROUT, et al. v. COMMONWEALTH TRANSPORTATION COMMISSIONER OF VIRGINIA.

Supreme Court of Virginia.

January 11, 1991.

Attorney(s) appearing for the Case

Glenn H. Silver (C. Thomas Brown, Rust, Rust & Silver, on briefs), Fairfax, for appellants.

James F. Hayes, Sr. Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., K. Marshall Cook, Deputy Atty. Gen., Richard L. Walton, Jr., Sr. Asst. Atty. Gen., Stephen C. Price, Price & Zimmerman, on brief), Leesburg, for appellee.

Present: All the Justices.

RUSSELL, Justice.

The sole question presented in this eminent domain appeal is whether a condemnor, who has obtained defeasible title to condemned land by recording a certificate of deposit, may terminate condemnation proceedings as a matter of right by taking a nonsuit. We answer the question in the negative.

On March 13, 1989, the Commonwealth Transportation Commissioner of Virginia (the Commissioner), acting pursuant to Code § 33.1-121, caused a certificate...

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