W. Va. Dep’t of Transp. v. Newton

Respondent owned the mineral rights to a certain parcel of land. When the Division of Highways (DOH) began construction of a highway through the land owned by the surface owner, the DOH excavated approximately 237,187 tons of limestone from the property. Respondent filed a mandamus action against DOH seeking to force DOH to institute a condemnation proceeding for the limestone removed from her mineral reservation in the land. The DOH filed this condemnation action, and the condemnation commission returned a verdict favorable to DOH. Respondent subsequently demanded a jury trial. Based on the jury’s findings, the trial court awarded Respondent $941,304. DOH appealed. The Supreme Court affirmed, holding that the circuit court did not err in its judgment. View "W. Va. Dep’t of Transp. v. Newton" on Justia Law