THOMAS v. STATE HIGHWAY COMMISSIONER


125 S.E.2d 861 (1962)

203 Va. 626

James H. THOMAS v. STATE HIGHWAY COMMISSIONER of Virginia.

Supreme Court of Appeals of Virginia.

June 11, 1962.


Attorney(s) appearing for the Case

William E. Fears, Accomac, William King Mapp, Keller, for appellant.

M. Ray Johnston, Asst. Atty. Gen. (Frederick T. Gray, Atty. Gen., W. P. Bagwell, Jr., Asst. Atty. Gen, on the brief), for appellee.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.


CARRICO, Justice.

James H. Thomas, the petitioner, filed a "Petition in Condemnation Proceedings" against the State Highway Commissioner of Virginia, the respondent. The petition stated that it was filed in accordance with the provisions of Code, § 33-75 and alleged that the respondent had unlawfully entered upon and taken possession of the petitioner's land without filing condemnation proceedings, obtaining an agreement or making a bona fide offer of purchase...

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