1962

Morris v. Elizabeth River Tunnel Dist.

Supreme Court of Virginia

203 Va. 196, 123 S.E.2d 398

Landowner filed action against Elizabeth River Tunnel District and Elizabeth River Tunnel Commission for damage to her house and lot during construction of tunnel for public use. She alleged she was entitled to compensation by the Constitution of Virginia. Defendants filed demurrer and trial court dismissed suit. Supreme Court reversed and remanded. Plaintiff’s complaint was not a tort action for damages caused by negligence. Sovereign immunity did not apply. It was pursuant to the constitutional guarantee that a landowner will receive just compensation when land is taken or damaged for public use. Further, this was not a suit against the Commonwealth that needed to be brought in the Circuit Court for the City of Richmond. Any damage caused by the exercise of eminent domain by a political subdivision is paid by that entity.

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