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.


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