1996

Johnson v. Virginia DOT Comm’r

Virginia Circuit Court

39 Va. Cir. 157

Commissioner constructed a sound barrier wall across the street from the landowners’ property as part of a highway. Landowners filed an inverse condemnation action alleging damage to their right of light, air and view. Commissioner demurred and court sustained demurrer and dismissed suit. No part of the landowners’ property was taken. The barrier was not on their property nor did it abut their property. Construction of a public facility that did not invade the property or otherwise directly affect it was not compensable, even if it had the consequential effect of depreciating property in the neighborhood.
Dissent by Justices Buchanan and Whittle, stating that the charter did not clearly empower the Company to expand its operation to include an additional 30,000 people, and so Company was not empowered to condemn lands to accomplish that end.

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