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FUGATE v. MARTIN

159 S.E.2d 669 (1968)

208 Va. 529

Douglas B. FUGATE, State Highway Commissioner v. John Louis MARTIN, Iris G. Martin and Annie A. Martin.

Supreme Court of Appeals of Virginia.

March 4, 1968.

Attorney(s) appearing for the Case

Kelly E. Miller, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., Paul D. Stotts, Asst. Atty. Gen., on brief), for plaintiff in error.

William M. McClenny, Amherst, for defendants in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON and HARRISON, JJ.

EGGLESTON, Chief Justice.

The State Highway Commissioner filed in the court below a petition seeking to condemn a strip of land about one foot wide running 135 feet along the property of John Louis Martin and others, fronting on the western side of State Highway 29, for the purpose of widening that highway. The petition also sought to condemn a construction easement along the entire length of the Martin property and a permanent drainage easement running through it...

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