2017

Powers v. Comm’r of Highways

Virginia Circuit Court

95 Va. Cir. 320

Landowners’ filed a declaratory judgment action alleging a temporary taking by inverse condemnation of their property. Commissioner filed special plea of lack of jurisdiction for failure to state a claim. Landowners asserted that when preliminary steps were taken by Commissioner to expand an exit of Interstate 81, it became public knowledge and damaged their property’s value, causing it to be damaged for public use without compensation. However, the Commissioner changed the project, no longer needed any of landowners’ property, and there was no nearby public use damaging the property. There never was any resolution to condemn, any condemnation filed, nor anything past preliminary planning. Therefore, the special plea was sustained and the case dismissed.

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