2016

Comm’r of Highways v. Sadler

Virginia Circuit Court

93 Va. Cir. 74

Landowner moved to dismiss Commissioner’s condemnation petition and partially invalidate the certificate of take. Commissioner had made offer of purchase which was rejected and certificate of take was filed. Commissioner filed a motion to amend the certificate and petition to take less land. Landowner sought dismissal for lack of jurisdiction, as the reduction in property taken nullified the bona fide offer required by Va. Code § 25.1-204. Court denied the motion to dismiss. No eminent domain statute explicitly stated this jurisdictional standard. Dismissal when the petition is amended downward is so impractical that the legislature would not impose such an exacting standard on its delegated agent.

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