1995

Bogese, Inc. v. State Highway & Transp. Comm’r

Supreme Court of Virginia

250 Va. 226, 462 S.E.2d 345

Bogese owned 18.664-acre tract in the City of Hopewell which it intended to develop with townhouse apartments. In 1984, Commissioner informed Bogese it intended to take 2.639 acres by eminent domain. Bogese transferred the remaining 16.025 acres to a partnership made up of four Bogese shareholders to continue the development on the remainder. In 1989, Commissioner filed petition in condemnation of the 2.639 acres, and partnership was allowed to intervene. Trial court ruled partnership had failed to prove any damage to its parcel, and the value of the taken land was $52,500. Supreme Court affirmed. When a portion of land is taken by eminent domain, the owner is entitled to recover damages to the remainder, but not to separate and independent tracts. The exception is the unity of lands doctrine, where there can be compensation for separate tracts if there is unity of use, physical unity and unity of ownership. In this case, unity of ownership was disputed. Although it was argued the parcels were owned by substantially identical owners, a corporation was an entity completely separate from its shareholders, and the unity of ownership did not exist.

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