2004

Richmeade, L.P. v. City of Richmond

Supreme Court of Virginia

267 Va. 598, 594 S.E.2d 606

Circuit court dismissed landowner’s inverse condemnation declaratory judgment suit as being time-barred by Va. Code § 8.01-246(4). Supreme Court affirmed. Landowner asserted that inverse condemnation had a five-year limitations period under Va. Code § 8.01-243, as it was to recover for damage to property. Supreme Court held that inverse condemnation is based on an implied contract, in that the government breached its implied contract to pay just compensation for an act that limited the landowner’s ability to exercise property rights. Statute of limitations on an implied unwritten contract is three years.

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