2001
Norfolk Redevelopment & Hous. Auth. v. Coneys
Virginia Circuit Court
55 Va. Cir. 186
Authority filed petition for condemnation and landowner filed an answer twenty-five days later. It did not contain any reference to a jury trial. Jury was requested in second answer filed five months later. Court denied the request. Rule 3 of the Rules of the Virginia Supreme Court did not apply to eminent domain proceedings. By the statue in effect at that time, landowner had twenty-one days from service to elect that a jury hear the compensation trial. As this did not occur, petitioner’s request for commissioners was granted.
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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