1990

City of Alexandria v. 49,422 Square Feet of land


Virginia Circuit Court
21 Va. Cir. 165
 

City wanted property for public parking. City did not include lump sum amount necessary to compensate the owners in its resolution. Court held this was not required when the condemnor did not immediately seek title to, or entry onto, the property. City had previously sold the property to the landowners, and have given warranties of quiet enjoyment. Landowners argued this was a waiver of the City’s power of eminent domain. Court held this was solely a representation that at the time of conveyance, there was no one with a paramount title. The City did not agree to waive or never exercise its eminent domain power.

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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