2004
Bd. of Supervisors v. Kim
Virginia Circuit Court
2004 Va. Cir. LEXIS 308
County sought a drainage easement over property of landowners. Landowners objected but offered no expert testimony as to necessity, location or value of take. Court held that, pursuant to Article I, § 11 of the Constitution of Virginia, municipalities are entitled to condemn a landowner’s property for a public purpose as long as just compensation is paid in return. To prevent taking of the property, it was incumbent on landowners to provide a reason on why it should not go forward, which they did not do.
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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