W. VA. BD. OF REGENTS v. FAIRMONT, ETC.

No. 13784.

250 S.E.2d 139 (1978)

WEST VIRGINIA BOARD OF REGENTS, a corporation v. FAIRMONT MORGANTOWN PITTSBURGH RAILROAD COMPANY, a corporation and The Baltimore and Ohio Railroad Company, a corporation.

Supreme Court of Appeals of West Virginia.

December 19, 1978.


Attorney(s) appearing for the Case

Rose, Southern & Padden, Herschel Rose and Duane Southern, Fairmont, Thomas L. Samuel, Baltimore, Md., for plaintiffs in error.

Mike Magro, Sp. Asst. Atty. Gen., Morgantown, for defendant in error.


NEELY, Justice:

This appeal arises from an eminent domain proceeding instituted by the West Virginia Board of Regents to condemn an aerial easement and certain surface rights-of-way owned by appellant railroads for construction of a personal rapid transit system to serve West Virginia University. At trial, the court instructed the jury to return a verdict for the railroads of one dollar and judgment was entered for that...

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