2015

City of Chesapeake v. KH HR Two Great Bridge

Virginia Circuit Court

91 Va. Cir. 16

City filed petition for condemnation of a public utility easement. During the jury trial, City moved to amend the certificate of take and the petition, to reduce the impact the easement would have on the landowner. Landowner moved to dismiss the initial petition as it had sought more property than necessary. Court granted the motion and dismissed the petition without prejudice. The due process clause of Article I, § 11 of the Constitution of Virginia provides that where private property is taken for public use, no more private property may be taken than necessary to achieve the stated public use. The City’s initial petition sought more property than necessary to achieve the stated public purpose. Landowner was allowed to recover costs and fees.

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