1993

Jenkins v. County of Shenandoah

Supreme Court of Virginia

246 Va. 467, 436 S.E.2d 607

In an inverse condemnation action, landowners alleged County had improperly constructed and maintained a drainage channel in a drainage easement, which caused extensive storm water flooding of the landowners’ lot. Landowners sought just compensation under Article 1, § 11 of the Constitution of Virginia. County defended by asserting claim was barred by sovereign immunity, and trial court struck landowners’ evidence. Supreme Court held that a landowner can enforce his constitutional right to compensation in a common law action where his property is damaged for public use, irrespective of whether there was negligence in the taking or the damage. As a contract action, and not a tort action, such proceeding was not barred by sovereign immunity. The drainage easement, accepted by the County, was for a public purpose whether or not the County chose to maintain it. Reversed and remanded.

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