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CAMPBELL v. STATE HIGHWAY COMMISSIONER

165 S.E.2d 281 (1969)

209 Va. 509

Thomas CAMPBELL and Julia Campbell v. STATE HIGHWAY COMMISSIONER of Virginia.

Supreme Court of Appeals of Virginia.

January 20, 1969.

Attorney(s) appearing for the Case

James H. Michael, Jr., John C. Lowe, Charlottesville (Carl E. Hennrich, Michael & Dent, Gilmer & Hennrich, Charlottesville, on the brief), for appellants.

Paul D. Stotts, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., Kelly E. Miller, Asst. Atty. Gen., on the brief), for appellee.

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

BUCHANAN, Justice.

Thomas Campbell and his wife assert in this case a right to have compensation for a spring taken by the Commissioner in a condemnation proceeding.

The spring was on land owned by J. Deering Danielson and wife. By deed dated January 5, 1951, the Danielsons conveyed to the Campbells:

(a) The exclusive right to the spring, reservoir, pump house and water lines, together with a right of way for the maintenance of the same on and over...

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