2006

Hoffman Family, LLC v. City of Alexandria

Supreme Court of Virginia

272 Va. 274, 634 S.E.2d 722

City sought to condemn 1009 square feet of Hoffman property for the installation of a storm water box culvert and a storm drain easement to facilitate nearby commercial development. Hoffman filed plea in bar, asserting that the culvert was solely for the benefit of a private owner and not for a public purpose. Trial court denied Hoffman’s request for a jury on the plea in bar, and in a bench trial, overruled the plea in bar, and later awarded $53,400 as just compensation. Supreme Court affirmed. Court held there is no constitutional or statutory authority for a jury trial on a plea in bar in a condemnation proceeding. Va. Code § 25.1-219 directs that the court determine issues or other matters in controversy except the issue of just compensation or matters relating to ownership or interests in land or other property. Further, Va. Code § 15.2-1900 defines public use as all uses which are necessary for public purposes. The City had adopted a resolution pre-condemnation, which stated the public use and necessity, and therefore authorized the condemnation. Va. Code § 15.2-1903(B). The box culvert qualified as a public use because it was designed to function as a component part of the City’s storm water management system.

Dissent by Chief Justice Hassell and Justice Koontz, stating that the relocation of the culvert was for the benefit of the private developer and was not needed to improve the City’s stormwater sewer system. Therefore, it was an impermissible taking of Hoffman’s property that was not for a public use.

For the trial court’s opinion reaching the same conclusion as the majority, see City of Alexandria v. Hoffman Family, LLC, 70 Va. Cir. 72 (2005).

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