2011

Hartwell v. County of Fairfax

Virginia Circuit Court

83 Va. Cir. 105

Landowners alleged that their property was damaged by County’s failure to maintain a storm drain system. Pursuant to Va. Code §§ 8.01-195.6 and 15.2-209, they sought judgment against the County for just compensation based on inverse condemnation. The Board of Supervisors denied the claim, which was not appealed. Landowners filed declaratory judgment proceeding pursuant to Article I, § 11 of the Constitution of Virginia. County filed plea in bar arguing that as no appeal was taken, the action was barred. Va. Code § 15.2-1247 states that any disallowed claim is a bar to any action in court founded on that claim unless appealed within thirty days. Court denied the plea in bar. Because inverse condemnation is a right given under the Constitution of Virginia, only the legislature can pass legislation which alters that right. Va. Code §§ 15.2-1246 and 1247 are not an exclusive remedy for a claim against a county. Landowners still had a common law claim.

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