1977

Bunch v. State Highway & Transp. Comm’r

Virginia Circuit Court

2 Va. Cir. 450

Landowners filed plan for subdivision which did not include any plans for an arterial highway and Commission refused to approve. A City ordinance prohibited building structures within 25 feet of arterial rights of way. Plan was denied because it failed to acknowledge setback lines of ordinance. For the subdivision to be approved, it would have to take cognizance of the arterial highway and the subdividers would have to dedicate that portion to public use. Court held that a subdivider should only have to dedicate that portion of land needed for public use that was attributable to the proposed development. The primary purpose of the highway would not be to benefit the residents of the subdivision. If the highway was needed to benefit the City, then all of the City’s citizens must pay for it. The ordinance as applied to the subdividers was unconstitutional.

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