2011
Robertson v. W. Va. Water Auth.
Virginia Circuit Court
83 Va. Cir 203
Landowner alleged he was owed compensation for severe property damage caused by Water Authority’s negligent maintenance and inspection of a sewer line. Authority, a municipal corporation, claimed sovereign immunity. Court held that Authority not entitled to absolute sovereign immunity. As a municipal corporation, it did not possess the absolute sovereign immunity of the Commonwealth or a county thereof. The legislature withheld full sovereign immunity from entities chartered under the Water and Waste Authorities Act. Authority was entitled to assert governmental-function immunity.
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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