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STATE HIGHWAY COM'R v. FOSTER

Record No. 750334.

222 S.E.2d 780 (1976)

STATE HIGHWAY COMMISSIONER of Virginia, now State Highway and Transportation Commissioner of Virginia v. Aubrey C. FOSTER.

Supreme Court of Virginia.

March 5, 1976.

Attorney(s) appearing for the Case

John J. Beall, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., Lloyd C. Sullenberger, Shackelford & Robertson, Orange, on briefs), for appellant.

Robert A. Niles, Culpeper (Niles & Chapman, Culpeper, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF and COMPTON, JJ.

POFF, Justice.

On March 1, 1972, the State Highway Commissioner of Virginia, now State Highway and Transportation Commissioner of Virginia (condemnor), filed a certificate of taking and deposited the sum of $535 for transfer to the Commonwealth of title to 0.424 acre of the 1.16 acres of land owned by Aubrey C. Foster (condemnee). Condemnee's land was needed for construction of a service road appurtenant to State Route...

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