1975

Bd. of Supervisors v. Rowe

Supreme Court of Virginia

216 Va. 128, 216 S.E.2d 199

Landowners had twenty-one lots fronting Route 60 between City of Williamsburg and land owned by Anheuser-Busch Company. Lots were zoned B-1, general business. James City County Board rezoned property to B-2, business tourist entry district, which had many specific requirements, including dedicating fifty-five feet of frontage to a service road and constructing that road in accordance with Virginia department of Highways standards. Value of property to be dedicated was in excess of $850,000. Landowners filed declaratory judgment action challenging ordinance. Trial court found ordinance unconstitutional under the Constitutions of the United States and Virginia. Board appealed. Supreme Court held that as dedication of land was required to develop lots, this was a taking land for public use without just compensation and violated Article 1, § 11 of the Constitution of Virginia. The requirement to construct a service road at a cost of $268,439, also violates Article 1, § 11, when the cost was spent on public facilities on the sovereign’s land, and was not generated by the landowner’s development. Absent just compensation, the restriction on the right to use property is both a violation of equal protection and a denial of due process. The commercial use restrictions were not reasonable and violated equal protection and due process. Case affirmed and remanded with instructions.

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