2007

Catholic Diocese v. Commonwealth Transp. Comm’r

Virginia Circuit Court

74 Va. Cir. 154

Landowner filed a two-count action against the Commissioner under Article I, § 11 of the Constitution of Virginia for a taking by inverse condemnation. One was a declaratory judgment action pursuant to Va. Code § 8.01-187, and the other was a common law action. Court dismissed the second count, as § 8.01-187 was the exclusive remedy to seek compensation from the Commonwealth for damage to property under Article I, § 11. Landowner sought jury trial on all issues in declaratory judgment. Court denied that request. Section 8.01-187 provided that after a determination that property had been taken or damaged, a jury could be impaneled to determine just compensation, if no compensation had been paid or determined within sixty days of the entry of the order finding damage. There would be no jury on issue of liability.

Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index