STATE HIGHWAY AND TRANSP. COM'R v. LINSLY

Record No. 800774.

290 S.E.2d 834 (1982)

STATE HIGHWAY AND TRANSPORTATION COMMISSIONER of Virginia v. John H. LINSLY, et al.

Supreme Court of Virginia.

April 30, 1982.


Attorney(s) appearing for the Case

D. Brian Costello, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., Marshall L. Haney, Tappahannock, on brief), for appellant.

Robert M. Rolfe, Richmond (George M. Trible, III, Hunton & Williams, Richmond, on brief), for appellees.

Before CARRICO, C. J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.


COCHRAN, Justice.

The State Highway and Transportation Commissioner, in the exercise of the right of eminent domain, acquired from John H. Linsly, and Jean B. Linsly title to certain land and easements required to convert part of an existing highway into a limited access highway.1 Under Code § 33.1-59, when the State Highway Commission designates any part of an existing highway as a limited access highway the Commission is required...

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