State Highway Commissioner v. Frazier

The sole assignment of error on this appeal granted the appellant, State Highway Commissioner of Virginia, in an eminent domain proceeding, is that the trial court erred in setting aside, on the ground of gross inadequacy, the award of the commissioners and ordering a rehearing of the case before a new panel of commissioners.

On August 12, 1971, appellant filed a petition under Title 33.1, Chapter 1, Article 7, 1 of the Code of Virginia, to condemn a .77-acre parcel of land owned by the defendants, Lyle E. Frazier and Iva V. Frazier, for use in a highway construction project on Route 15 in…