2002
Goodman v. City of Norfolk
Virginia Circuit Court
59 Va. Cir. 209
Landowner filed motion for judgment for taking of her property by City. City demurred, arguing that motion alleged breach of implied contract, but also alleged the taking resulted from City’s negligence in letting raw sewage spill on to the property. Court sustained demurrer. The eminent domain provisions in the Virginia Constitution have no application to tortious or unlawful conduct by government agents. Landowner was unable to state a negligence claim, and also failed to state that an implied contract existed between the parties.
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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