2012

Lynnhaven Dunes Condo. Ass’n v. City of Va. Beach

Supreme Court of Virginia

284 Va. 661, 733 S.E.2d 911

This is a companion case to 3232 Page Ave. Condo. The City again sought to take or confirm recreational and shore protection easements by petition in condemnation. In addition to the objection to the petition, Lynnhaven also wanted just compensation for its riparian rights, as the sand replenishment had cut off the access to the Chesapeake Bay waters. The evidence from the City was that security, sanitation and maintenance services had been provided to the area continuously for over thirty years, with the public using the beach area for over fifty years. Trial court found the acceptance by the City of an easement by implied dedication (as in 3232 Page Ave. Condo.), and denied compensation for loss of riparian rights. Supreme Court affirmed the implied dedication, but reversed the denial of just compensation. The riparian right was property, and the owner can only be deprived of it if taken for public use and given just compensation. As the dredging project bore no relation to the placement of sand on Cape Henry Beach, the dredging would not have been substantially impaired if Cape Henry Beach had been unavailable for sand placement. Lynnhaven must be compensated for the loss of riparian rights.

Dissent by Chief Justice Kinser, with Justices Millette and Mims, for the same reasons as the companion case, that a condemnor cannot seek to take property and claim ownership in the same proceeding, and the evidence was insufficient to prove acceptance of implied dedication of easements.

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