2007

Hamrick v. Bd. of Supervisors of Westmoreland Cty.

Virginia Circuit Court

2007 Va. Cir. LEXIS 3067

Waterfront lots were all fifty feet wide. County had a zoning ordinance that required a fifty foot radius from a wellhead. Lot 9 owner applied to the Board for a well application which was granted, but the protective radius encroached twenty-five feet into lots 8 and 10. The encroachment rendered that area of the two lots unbuildable. Those owners filed suit asserting that private property had been taken unconstitutionally for private use, and that there had been no compensation for the loss of use. Court held that the ordinance applied to all landowners in the County, and the government had a right to exercise its police power to protect the public health, safety and welfare. The valid exercise of police power, even though it may impose some economic burden on some property, was not a taking in violation of the Constitution of Virginia. Demurrer of Board was sustained.

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