1984
Bailey v. Marine Resources Com’n
Virginia Circuit Court
3 Va. Cir. 254
Commission denied a permit for the construction of a bulk-head along the beach at Sandbridge. Landowner appealed the denial, alleging it was a taking without just compensation. Trial court upheld the Commission. Regulations restricting the permissible uses of lands zoned as flood plains or the like were a valid exercise of police power, even though it may restrict the use of owner’s land. As the proposed bulk-head would damage the sand dune replenishment, it was a reasonable use of police power.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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