2006
Commonwealth Transp. Comm’r v. Holly Tree Props.
Virginia Circuit Court
71 Va. Cir. 353
Landowner had two separate parcels. Commissioner intended to only condemn the southern parcel for road improvement. Condemnation certificate failed to state which parcel was sought, so it appeared that Commissioner was condemning both the southern and northern parcels. Commissioner moved to amend the certificate to make clear that only the southern parcel was condemned. Court granted leave to amend. Not only did the statute in effect at the time allow such amendment, but the landowner also knew the Commissioner’s intent had always been the southern parcel and there was no prejudice in the amendment.
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.
Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index