1984

Smith v. State Hwy. & Transp. Comm’r

Virginia Circuit Court

4 Va. Cir. 223

Commissioner was upgrading highway to limited access. This included closing a median cross-over that provided direct access to landowners’ restaurant. Remaining indirect access point was 1,000 feet away from the restaurant. Commissioner asserted no property had been taken. Landowners filed inverse condemnation action. Court held that all meaningful direct access had been extinguished and the substituted access was not reasonable which diminished the fair market value. Therefore, it was a taking within the contemplation of Article I, § 11 of the Constitution of Virginia and there would be a trial on just compensation.

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