1965

Martin v. Norfolk Redevelopment & Hous. Auth.


Supreme Court of Virginia
205 Va. 942, 140 S.E.2d 673
 

The Martins claimed a reversionary interest in land that had been deeded to the City to build a park for the citizens of Norfolk, with a time limit within which to construct the park, or the transfer would be void. City complied with the time limit.  The City later approved a redevelopment plan. The plan called for abandoning the park, which was conveyed to the Housing Authority. The Authority petitioned for condemnation to acquire the interests of the public or any other affected parties. Trial court held that Martins had no reversionary interest in the property, because of the abandonment by the City. The commissioners determined that no compensation was due for the land described in the petition and awarded $1.00 for any damages to the residue. Supreme Court affirmed.  As the City had finished the action required by the deed in time, the time limitation had no further application, and the property vested in the City without limitation. The deed made no mention of reverter in the event of abandonment by the City.

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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