1978

Pearsall v. Richmond Redevelopment & Hous. Auth.

Supreme Court of Virginia

218 Va. 892, 242 S.E.2d 228

This case concerned an eminent domain proceeding under the Housing Authorities Law, Va. Code §§ 36-1, et seq. The action was filed by the Authority to acquire 70 parcels needed for slum clearance and redevelopment. Pearsall was awarded $172,000 for the take, $300 for damages to residue, and $19,850 as damages under § 36-27 of the Act. Trial court confirmed award. Authority first announced intentions for project in 1962. The General Neighborhood Renewal Program for the blighted area was approved by Richmond City Council in April 1970. Petition for condemnation was finally filed in December 1975. Va. Code § 36-27 allows additional compensation for condemnation blight. Condemnation blight is the debilitating effect upon property value of a threatened, imminent or potential condemnation. The issue was when did the condemnation blight occur. The court instructed the jury that they could consider unreasonable delay from April 1971 to December 1975. Pearsall adduced evidence and argued that the start date should be 1962. Supreme Court affirmed. The question of when an unreasonable delay began is a question of law. By Va. Code § 36-51, a redevelopment project cannot be initiated until the local governing body has approved a redevelopment plan. Therefore, a period of unreasonable delay could not begin before April 1971.

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