1987
Deary v. Pethtel
Virginia Circuit Court
10 Va. Cir. 181
Highway construction caused increased stormwater runoff and flooding on landowner’s property. Landowner brought suit for inverse condemnation due to the damage from the artificial volume of water poured onto his property. Court held suit was barred because owner’s awareness of the problem occurred more than three years before suit was filed, which violated the three year statute of limitations.
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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