2003
Spotsylvania County v. Mineral Springs Homeowners Ass’n.
Virginia Circuit Court
62 Va. Cir. 319
County was building reservoir for public use. Water would cover 2.1 acres of 4.7 acre lot with another 0.7 acre as a buffer at the water line. County also sought to condemn the remaining 1.85 acres as an uneconomic remnant. Landowner objected and argued remnant retained a use. Court held that taking the remainder was arbitrary and capricious, served no public purpose, was not necessary and exceeded the Article I, § 11 constitutional authority delegated to the County.
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.
Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index