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BOARD OF EDUCATION OF KANAWHA COUNTY v. SHAFER

No. CC 861.

124 S.E.2d 334 (1962)

The BOARD OF EDUCATION OF KANAWHA COUNTY v. Page R. SHAFER et al.

Supreme Court of Appeals of West Virginia.

Decided March 6, 1962.

Rehearing Denied May 11, 1962.

Attorney(s) appearing for the Case

Woodroe, Kizer & Steed, John O. Kizer, Charleston, for plaintiff.

Charles W. Caldwell, Charleston, for defendants.

CALHOUN, President.

The Circuit Court of Kanawha County, on its own motion, certified to this Court two questions arising upon a demurrer to the amended petition of the Board of Education of the County of Kanawha in an eminent domain proceeding to acquire for school building purposes certain land belonging to Page R. Shafer and Mildred C. Shafer. The questions certified are as follows:

"(1) In condemnation proceedings may the condemnor take fee simple title...

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