1998

Lynch v. Commonwealth Transp. Comm’r

Supreme Court of Virginia

255 Va. 227, 495 S.E.2d 247

Commissioner planned to take 9.270 acres and valued the take at $1,016,755. Lienholder held a deed of trust on the entire 75 acres in the amount of $3,500,000. Commissioner deposited the money with the clerk of the circuit court and landowner secured court order releasing the $1,016,755, which he then gave to the lienholder in partial satisfaction of the lien. The valuation trial arrived at an award of $451,000, and trial court held that landowner was to refund the excess of the deposited money to the Commissioner in the amount of $565,755. Landowner averred that lienholder should be responsible for refund, as it received all the deposit. Supreme Court affirmed. Landowner was not a conduit for the money to the lienholder, he was the payee of the deposit check. As he was the person paid, the statutory obligation to refund a surplus was his.

For the prior circuit court opinion which reached the same conclusion, see Commonwealth Transp. Comm’r v. Lynch, 39 Va. Cir. 124 (1996).

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