United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

Bailey v. Anderson

No. 49

Argued October 15, 1945

Decided November 5, 1945

326 U.S. 203

Syllabus

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. 326 U. S. 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. 326 U. S. 206.

Dismissed.

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 326 U. S. 204