2013

Comm’r of Hwys v. W. Dulles Props., L.L.C.

Virginia Circuit Court

86 Va. Cir. 284

Commissioner filed petition to condemn property for highway expansion. Landowner filed objection that condemnation left owner with uneconomic remnant which Commissioner had not offered to acquire. Commissioner moved to strike and dismiss objection and court overruled the motion. Va. Code §§ 1-219.1(G) and 25.1-417(A)(9) required condemnor to offer to acquire entire property if there would be an uneconomic remnant. Commissioner argued that landowner had no remedy to challenge condemnor’s position that there was no such remnant. Court held that Article I, § 11 of the Constitution of Virginia is self-executing and the common law furnishes the appropriate action for the redress of damage to private property. Therefore, there was a remedy to seek just compensation for an uneconomic remnant that the condemnor would not acquire.

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