2012

Byler v. Va. Elec. & Power Co.

Supreme Court of Virginia

284 Va. 501, 731 S.E.2d 916

Byler filed a complaint for declaratory judgment, asserting that the construction of 230 kilovolt electric transmission lines on land abutting, and in proximity to, his one-acre lot with improvements, diminished his property’s value, making it not suitable for its highest and best use, and constituted inverse condemnation under Article I, § 11 of the Constitution of Virginia. VEPCO demurred, asserting that no property of Byler was taken or damaged, and there had been no allegation that the property had been deprived of all economic value. Trial court sustained demurrers. Supreme Court affirmed. Taking or damaging property in the constitutional sense means that the governmental action adversely affects the landowner’s ability to exercise a right connected to the property. Inverse condemnation seeks redress for the government’s action in limiting property rights the landowner holds. Damage to the property does not include mere infringement of the owner’s enjoyment. Making the property less desirable is not damage contemplated by the Constitution. There is no inverse condemnation when the sole damage alleged is diminution in value arising from public use of proximately located property.

This decision also included the companion case of Wolfe v. Va. Elec. & Power Co. which concluded with the same result.

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