1989
Champion Int’l Corp. v. City of Virginia Beach
Virginia Circuit Court
16 Va. Cir. 58
City filed certificate of take to commence eminent domain proceeding. Landowner moved to invalidate certificate as it did not prove necessity for the acquisition of the property. Court denied motion, holding that with a statutory change in 1983, it was permissible for necessity to be declared by a resolution of the governing body following a public hearing. As the City had adopted the required resolution, it did not have to prove necessity in a court proceeding to use its power of eminent domain.
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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