Riggs v. State Road Commissioner

Maxwell, President:

This is a proceeding in mandamus under the court’s original jurisdiction.

Relators, husband and wife, own jointly a lot of land which fronts on old State Route 75 immediately south of the City of Kenova in Wayne County. For some years relators have occupied this property as a home and for business purposes.

In September, 1937, there was completed, under authority of respondent, a relocation of State Route 75 in front of the property in question. At this point the new road was constructed at a level, twenty feet, more or less, higher up the hill than the old road. The latter…