2001

BWT v. Norfolk Redevelopment & Hous. Auth.

Virginia Circuit Court

57 Va. Cir. 121

Landowner’s property was in a redevelopment project that had been adopted by the City. The Authority was to acquire all affected properties within five years of adoption of the resolution. Forty months into the process, no condemnation proceedings had commenced on the property. Landowner filed a declaratory judgment action alleging that the property had been structurally damaged, and had decreased in value. Owner sought just compensation for damaging by inverse condemnation. Court dismissed action. As long as the Authority was acting in accordance with the adopted plan, all proceedings for condemnation of property under the power of eminent domain must be brought and conducted according to the statutes. The damages the landowner alleged were provided for in the legislatively enacted procedure the Authority had to follow in acquiring properties through eminent domain.

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