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STATE HIGHWAY & TRANSP. COM'R v. TRUSTEES

Record No. 780006.

258 S.E.2d 503 (1979)

STATE HIGHWAY AND TRANSPORTATION COMMISSIONER of Virginia v. TRUSTEES OF the PARSONAGE OF the BROADFORD METHODIST EPISCOPAL CHURCH, SOUTH.

Supreme Court of Virginia.

October 5, 1979.

Attorney(s) appearing for the Case

John S. Morris, III, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., John S. Bundy, White, Elliot & Bundy, Abingdon, on briefs), for appellant.

D. Burke Graybeal, Burke, Graybeal & Hammer, Marion, on brief, for appellees.

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

PER CURIAM.

In this appeal from a highway condemnation award, the condemnor wrongfully entered the landowner's property almost three years before the certificate of deposit was filed. The sole issue before us is whether interest on the award, which was in excess of the amount deposited by the condemnor, should run from the date of the wrongful entry or from the date of the filing of the certificate.

In connection with the improvement of State Route 42 in Smyth...

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