1998

Evans v. Smyth-Wythe Airport Comm’n

Supreme Court of Virginia

255 Va. 69, 495 S.E.2d 825

Pursuant to Va. Code §§ 5.1-31, et seq., several localities created the Airport Commission to operate the Mountain Empire Airport in Smyth County. In 1981, Commission and owners of neighboring land entered into a settlement of a condemnation proceeding. In the settlement order, dated 1984, the Airport Commission gave up its right of condemnation as to the Evanses, as long as they or their children owned the property. In 1996, the Airport Commission filed a declaratory judgment action requesting the 1984 order be held void to the extent it purported to limit the exercise of the power of eminent domain over the lands of the Evanses. Trial court agreed and held that part of the order void ab initio. Supreme Court held that the power of eminent domain is an essential attribute of sovereignty which inheres in the General Assembly. A sovereign right cannot be relinquished by the State. As the Airport Commission’s creation was authorized by statute, it could not relinquish its power or right of eminent domain. It was an inseparable incident of the sovereignty of the Commonwealth. Judgment affirmed.

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