1968

Fugate v. Martin

Supreme Court of Virginia

208 Va. 529

As part of a condemnation proceeding, Commissioner sought to put curbing across the entire front of landowners’ business property. There would be only a 40-foot entrance and a 30-foot shared entrance with a neighbor’s land. Landowners’ predecessor in title had a covenant by deed with the Commonwealth that the access to the business frontage would never be obstructed. Trial court read this covenant to the commissioners at trial. Commissioner objected as it should not have been part of the damages to the residue. Supreme Court reversed and remanded. It was clear that the landowners sought damages for the breach of the covenant in the commissioners’ award for the residue. This was a potential claim against the Commonwealth which needed to be brought in the Circuit Court of the City of Richmond. The breach of covenant was not relevant to the issues in the eminent domain proceeding.

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