1908
Lambert v. Norfolk
Supreme Court of Virginia
108 Va. 259, 61 S.E. 776
Pursuant to its charter, City bought 166 acres for a cemetery. Landowner’s 125 acres of farm land abutted the cemetery, and no land or right to use her land was taken. Landowner brought action for damages against City alleging that the proximity of the cemetery diminished the market value of her property. Judgment was for the City and Supreme Court affirmed. While the Constitution of Virginia stated private property shall not be damaged for public uses without just compensation, landowner had not suffered any physical damage or loss of any rights appurtenant to using her land.
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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