United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bragg v. Weaver, 251 U.S. 57 (1919)

Bragg v. Weaver

No. 22

Argued October 13, 1919

Decided December 8, 1919

251 U.S. 57

Syllabus

The necessity or expediency of taking property for public use are legislative questions upon which the owner is not entitled to a hearing under the due process clause of the Fourteenth Amendment. P. 251 U. S. 58.

When the amount of compensation is fixed in the first instance by viewers, due process does not demand an opportunity for a hearing before them if the owner be given notice and opportunity to have the matter fully heard and determined de novo in a court of general jurisdiction, on appeal, as is provided by the laws of Virginia in cases where earth is taken from private land for the repair of public roads. P. 251 U. S. 59.

Under the law of Virginia (Pollard's Code, 1904, § 944a, clauses 21, 22, 5; § 838), the owner of land from which earth is taken for repairing public roads can initiate the proceedings for assessment of compensation, and is entitled to have notice of the supervisors' determination of the amount, either by notice in writing or through being present when the decision is made, and he is allowed 30 days in which to appeal for a trial de novo in the Circuit Court. P. 251 U. S. 61.

Where adequate provision is made by a state for the certain payment of the compensation without unreasonable delay, the taking does not contravene due process of law merely because it precedes the ascertainment of what compensation is just. P. 251 U. S. 62.

Affirmed.

The case is stated in the opinion.

Page 251 U. S. 58