2000
City of Va. Beach v. Christopoulos Family, L.C.
Virginia Circuit Court
54 Va. Cir. 95
City sought to condemn landowner’s property for a parking garage. The City needed to acquire the parcel to provide parking for a hotel complex being developed by the City, the Development Authority and a private developer. Landowner objected, arguing that City exceeded its eminent domain statutory authority. Court granted landowner’s summary judgment motion, and dismissed petition. No statute conferred upon the City the express or implied power to exercise eminent domain in a private contract. The developer’s use of the property exceeded any incidental benefit because the developer dictated how the City would use its power over a public parking garage on land condemned for public use. The City acted ultra vires and beyond its statutory authority to condemn.
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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