2003

NBS Loudon Gateway IV, L.L.C. v. Commonwealth Transp. Comm’r

Virginia Circuit Court

63 Va. Cir. 342

Landowner’s property was subject to a restrictive covenant requiring all utility services be located underground. Commissioner filed certificate of take and paid a sum into court for fair market value of the take and any damages to the remainder. Commissioner then installed utilities aboveground, and landowner filed for injunctive relief to have the certificate declared invalid. Court denied injunction request. The condemnation which permitted the installation of aboveground utilities not allowed by the restrictive covenant raised an issue of damages, if any, to the residue of the landowner’s property. This was a matter to be decided during the compensation hearing. It was not the extinguishment of the restrictive covenant on the land taken, but any damage to the residue which abuts non-compliant property.

Back to Eminent Domain Case Finder Main Page
To Case Name Index
To Topic Index
To Date Index