1980
School Bd. of Spotsylvania County v. Hairfield
Virginia Circuit Court
7 Va. Cir. 28
Board sought condemnation of a covenant running with the land requiring a set-back of at least 100 feet from the highway. County had built community building less than 100 feet from road on easement conveyed by Board. Defendants demurred stating that the condemnation was not for school purposes. Court held that the reason for removing the violated covenant was to clear the title to the property to secure loan proceeds from the State Literary Fund. The loan was used to build school facilities and therefore the condemnation was for school purposes. Demurrer was dismissed.
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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