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STATE HIGHWAY COM'R v. CARTER

Record No. 750212.

222 S.E.2d 776 (1976)

STATE HIGHWAY COMMISSIONER of Virginia v. Donald G. CARTER and Janet E. Carter.

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., Francis A. Cherry, Jr., Asst. Atty. Gen., on brief), for appellant.

Robert R. Gwathmey, III, Mechanicsville, for appellees.

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

I'ANSON, Chief Justice.

On October 10, 1973, the State Highway Commissioner of Virginia, now State Highway and Transportation Commissioner of Virginia (condemnor), filed a petition in accordance with Title 25, Chapter 1.1 and Title 33.1, Chapter 1, Article 7, Code of 1950, as amended, to obtain by condemnation certain property owned by Donald G. Carter and Janet E. Carter (condemnees). Condemnor needed 0.95 acre of condemnees' 4.55 acre parcel fronting on Route 301...

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