2017
Kalergis v. Virginia Comm’r of Highways
Supreme Court of Virginia
294 Va. 260, 805 S.E.2d 395
In February 1994, the Virginia Dep’t. of Transp. acquired 26.01 acres, plus improvements, for $1,150,000 (the land appraised at $286,110; improvements at $863,890) for a future highway project. No work was started within twenty years and the project was abandoned. Pursuant to Va. Code § 33.2-1005(A), the landowner required reconveyance from VDOT. The improvements to the property were now gone. Kalergis stated the repurchase price should be the $286,110 for the land. The trial court held that the statute required the entire original purchase price be paid back, and the Supreme Court affirmed.
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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