Legal Opinion

State Road Commission v. Penndel Company

West Virginia Supreme Court

Decided January 15, 1963No. (Parcels No. 1-3). No. 12164PublishedCited by 5 opinions

1Opinion of the Court

Caplan, Judge:

This is a proceeding in eminent domain instituted in behalf of the State of West Virginia by the state road commission (herein referred to as commission), against Penndel Company, a Delaware corporation (herein referred to as Penndel). The purpose of the proceeding is to acquire certain parcels of land as a right of way for the construction of Interstate No. 70, a public road. Penndel owns all of the land involved. Dwelling houses had been erected, however, on two of the parcels under separate lease agreements with Penndel. These houses were owned outright by the tenants Thomas…

2Cases cited13 opinions

  1. People v. Ocean Shore Railroad, Inc.California Supreme Court · 1948
  2. State v. BlankenshipWest Virginia Supreme Court · 1952
  3. City of Fort Worth, Tex. v. United StatesCourt of Appeals for the Fifth Circuit · 1951
  4. Guyandot Valley R'y Co. v. BuskirkWest Virginia Supreme Court · 1905
  5. Strouds Creek & Muddlety Railroad v. HeroldWest Virginia Supreme Court · 1947

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3Cited by5 opinions

  1. State Road Commission v. FergusonWest Virginia Supreme Court · 1964
  2. West Virginia Department of Highways v. Berwind Land Co.West Virginia Supreme Court · 1981
  3. State Road Commission v. Board of Park CommissionersWest Virginia Supreme Court · 1970
  4. W. Va. Dept. of Transportation, Div. of Highways v. CDS Family Trust, LLCWest Virginia Supreme Court · 2017
  5. W. Va. Dept. of Transportation, Div. of Highways v. CDS Family Trust, LLCWest Virginia Supreme Court · 2017

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