326 U.S. 203 (1945), 49, Bailey v. Anderson

Docket Nº:No. 49
Citation:326 U.S. 203, 66 S.Ct. 66, 90 L.Ed. 3
Party Name:Bailey v. Anderson
Case Date:November 05, 1945
Court:United States Supreme Court

Page 203

326 U.S. 203 (1945)

66 S.Ct. 66, 90 L.Ed. 3




No. 49

United States Supreme Court

Nov. 5, 1945

        Argued October 15, 1945



        1. Section 1969j of the Virginia Code of 1942 does not deny the due process guaranteed by the Fourteenth Amendment, as applied to a landowner upon whose land the state highway commissioner entered and constructed a highway in advance of the appointment of commissioners and before they could view the land for the purpose of fixing its fair value upon condemnation, since the landowner had full opportunity for a hearing before the commissioners, and their award was subject to a judicial review upon which the award could be set aside if plainly wrong or unsupported by the evidence. P. 205.

        2. The question of the constitutionality of a claimed denial to the landowner of interest on the value of the property from the time of the taking is not properly presented upon the record in this case, since it does not affirmatively appear that appellant raised that question on the record, or that the state supreme court passed on it. P. 206.


        Appeal from a Judgment denying a petition for a writ of error to review a decree which confirmed an award of compensation in a condemnation proceeding.

Page 204

        STONE, J., lead opinion

        MR. CHIEF JUSTICE STONE delivered the opinion of the Court.

        Appellee, State Highway Commissioner of Virginia, brought this proceeding in conformity to §§ 1969j(1)-1969j(6) of the Virginia Code of 1942, to condemn appellant's land for use as a public highway. Acting under § 1969j(4), appellee entered on the land and constructed the highway in advance of its condemnation. In the condemnation proceeding, begun in the circuit court within sixty days after the completion of the highway, the Commissioners, appointed and acting pursuant to § 1969j(2), after viewing the land, and hearing evidence, made an award of $1,500 for the land occupied by the highway, and of $6,500 for damages "resulting to the adjacent or other property of the owner."

        The Virginia Circuit Court confirmed the Commissioners' report, and, by its decree, directed that interest be paid on the amount of the award from the date of the decree. The Supreme Court of Appeals of Virginia, without opinion, denied appellant's petition for a writ of error. The case comes here on appeal, § 237(a) Judicial Code, 28 U.S.C. § 344(a), appellant assigning as error that §§ 1969j(4) and 1969j(6), as applied to appellant, deny to him the due process guaranteed by the Fourteenth Amendment. On examination of appellant's jurisdictional statement, we postponed the question of our jurisdiction to the argument on the merits.

        Appellant contends here, as he did in the state courts, that § 1969j(4) infringes the asserted constitutional immunity by sanctioning appellee's entry upon the land and the alteration of its physical condition in advance of the appointment of the Commissioners and before they could

Page 205

view the land for the purpose of fixing its fair value upon condemnation....

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