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HIGHWAY AND TRANSP. COM'R v. GOODRICH

Record No. 860591.

375 S.E.2d 745 (1989)

STATE HIGHWAY AND TRANSPORTATION COMMISSIONER OF VIRGINIA v. Cephus E. GOODRICH and Elanor H. Goodrich.

Supreme Court of Virginia.

January 13, 1989.

Attorney(s) appearing for the Case

Richard L. Walton, Jr., Sr. Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., James N. Barker, Jr., Waverly, on brief), for appellant.

No brief or argument for appellees.

Present: CARRICO, C.J., POFF, COMPTON, STEPHENSON, RUSSELL, THOMAS, and WHITING, JJ.

RUSSELL, Justice.

The dispositive question in this highway condemnation appeal is whether the condemnor, who filed a certificate of deposit before instituting condemnation proceedings, had the right to amend the certificate during trial in order to reduce the area of land taken.

Cephus E. Goodrich and Elanor H. Goodrich, his wife (the owners), owned a tract of land in Sussex County containing approximately 65 acres. A secondary highway known as Route 620 ran...

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