1990

Sheffield v. Dep’t of Highways & Transp.

Supreme Court of Virginia

240 Va. 332, 397 S.E.2d 802

In 1972, the Department condemned a parcel alleged to belong to a Farnsworth and an Eads. When highway work commenced on the property, it was claimed by the heirs of A.B. Lowe. After considering legal action, the Lowe heirs did not pursue it. Some years later the heirs sold the property to Sheffield, and in 1987, he brought an action for ejectment. Department filed for summary judgment on basis of sovereign immunity, and trial court granted motion, dismissing case. Supreme Court affirmed. Action of ejectment is inappropriate method to proceed on a claim of inverse condemnation. Further, the landowner’s constitutional right is to seek just compensation, not to recover possession of the property.

Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index