2004

Norfolk Redevelopment & Hous. Auth. v. Stevenson

Virginia Circuit Court

63 Va. Cir. 567

Authority sought to condemn abandoned property, but had to proceed by order of publication, as owner’s whereabouts were unknown. Authority complied with Va. Code § 25.1-210, and court heard evidence and held just compensation was $40,000. Two months later, owner filed motion to reopen the matter, and asserted a violation of due process and equal protection, as § 25.1-210 did not have the two year period to reopen a case that was provided by Va. Code § 8.01- 322. Court held that there was no constitutional violation of due process. As a rational relationship to a legitimate government interest was shown to justify the classification in eminent domain cases, there was no denial of equal protection.

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