2005
Holland v. Nelson County Serv. Auth.
Virginia Circuit Court
68 Va. Cir. 99
The Authority was created pursuant to the Virginia Water and Waste Authorities Act, Va. Code § 15.2-5100 et seq. The Authority had the power of a political subdivision including eminent domain. The function of establishing a well and providing water was a governmental function protected by sovereign immunity. The Hollands had an inverse condemnation cause of action. That was an implied contract action not barred by sovereign immunity. As the allegation was that water was taken from a well constructed on the landowners’ property, the damage was for a public use, and the inverse condemnation case would proceed.
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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