2013

Close v. City of Norfolk

Virginia Circuit Court

2013 Va. Cir. LEXIS 251

Landowners operated an antique shop that fronted on York Street. From October 2007 to November 2008, City restricted access to York Street due to hotel construction and sewer pipe replacement. Because of restricted access, landowners brought declaratory judgment action alleging unlawful taking or damaging of the property without just compensation. Court tried the matter and found for City, dismissing the case. When government fails to condemn private land taken for public purposes, the recourse is for the owner to file an inverse condemnation action based on the implied contract between the government and the landowner. Taking or damaging in the constitutional sense means the governmental action adversely affects the landowner’s ability to exercise a right connected to the property. One who abuts a street has the private right of ingress and egress into and from his lot. This right of access is a fundamental property right. But this right is subordinate to that of the state to control the use of the street to promote the public health, safety and welfare. The City did not interfere unreasonably with the landowners’ right of access, and such resulting inconvenience was not compensable in an action for inverse condemnation.

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