2017

City of Chesapeake v. Tidewater Constr. Corp.

Virginia Circuit Court

95 Va. Cir. 167

City was elevating bridge and closing access to landowner from street. The take was to create a new access road, and landowner also wanted to ask the jury for damages to residue for loss of visibility, to which City objected. Court held that this was an undecided issue in Virginia, and so looked to other states that have ruled that loss of visibility to a remaining parcel is compensable where that loss is due to changes made on the parcel taken by the state. Whenever the enjoyment of a property right by the landowner is interfered with, and the property made less valuable, the owner has been damaged and is entitled to compensation. The objection of the City was overruled and the jury could consider evidence of loss of visibility to the affected residue.

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