1974

Bristol Redevelopment & Hous. Auth. v. Farmbest, Inc.


Supreme Court of Virginia
215 Va. 106, 205 S.E.2d 406
 

In 1966, a local newspaper published a story that the Authority was seeking funds to perform urban renewal on several blocks in downtown. Farmbest was in the targeted area and began moving milk processing equipment to a new location. The petition was filed by September 1972, and Farmbest moved more personalty before and after that date. Commissioners awarded Farmbest $31,892 for moving expenses incurred between 1968 and 1970. Authority appealed. Authority argued that condemnee’s right to recover costs of moving personalty from condemned area was limited to costs incurred after the petition had been filed. Supreme Court held commissioners were limited by the statute in effect at that time to those damages incurred by reason of the taking. The taking began when thepetition was filed. Therefore, only those costs incurred after the petition was filed could be awarded. Decree reversed and final judgment.

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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