1972

Richmond v. Old Dominion Iron & Steel Corp.

Supreme Court of Virginia

212 Va. 611, 186 S.E.2d 30

City sought to acquire land for park on island in the James River. The commissioners awarded $375,000. Steel company objected to a lack of necessity for taking, and for failure to award moving expense. City objected asserting the steel company acted in bad faith by continuing construction during condemnation proceeding. Trial court overruled objections and approved award. Supreme Court affirmed in part and reversed in part. City had met burden of showing park was a reasonable necessity. City did not have to prove an absolute necessity. Steel company did not act in bad faith, as new building was needed and condemnation proceeding was not a certainty. As the Constitution of Virginia prohibits both the taking and damaging of property without just compensation, it was proper to allow moving expenses as incidental damages to the property rights of the landowner. Finally, as the City did not take possession of the property during the pendency of the case, interest did not accrue during that time.

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