2011

Norfolk Redevelopment & Hous. Auth. v. Pryer

Virginia Circuit Court

2011 Va. Cir. LEXIS 84

Va. Code § 1-219.1, effective July 1, 2010, requires that all property taken for elimination of blight must actually be blighted. This limitation was not to apply to any redevelopment plan adopted prior to January 1, 2007. Landowners moved to dismiss because the authority did not finalize the acquisition process until after the July 1, 2010 date. Authority asserted that the proceedings were commenced before the July date, and the proceedings continue under prior law. Court denied motion. Va. Code § 1-239 provides that claims arising under a former law before a new law takes effect are adjudicated under the former law. Va. Code § 1-9 states no pending matter shall be terminated based on enactment of a new code provision. As former law controlled, Authority could take property not blighted, but located in area previously determined to be blighted.

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