COM. TRANSP. COM'R OF VIRGINIA v. CHADWELL

Record No. 962266.

491 S.E.2d 723 (1997)

COMMONWEALTH TRANSPORTATION COMMISSIONER OF VIRGINIA v. A.B. CHADWELL, et al.

Supreme Court of Virginia.

September 12, 1997.


Attorney(s) appearing for the Case

James F. Hayes, Senior Assistant Attorney General (James S. Gilmore, III, Attorney General; John Paul Woodley, Jr., Deputy Atty. Gen., on brief), for appellant.

H. Ronnie Montgomery (Robert B. Hines, II, on brief), for appellees.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, LACY, HASSELL, KEENAN, and KOONTZ, JJ.


KEENAN, Justice.

In this appeal of a judgment confirming an award in an eminent domain proceeding, the dispositive issue is whether the trial court erred in refusing to strike for cause a prospective commissioner based on his ownership of property directly across the highway from the condemnees' land.

In October 1994, the Commonwealth Transportation Commissioner (the Commonwealth) recorded a certificate condemning 0.036 acre in fee and 0.006 acre owned by...

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