1983

State Highway & Transp. Comm’r v. Herndon

Supreme Court of Virginia

225 Va. 380, 302 S.E.2d 55

Commissioner’s agent talked with landowner numerous times over ten months, but landowner never answered several offers of compensation. Commissioner went ahead with recording a certificate of deposit for $3190 and completed the road work within several months. Landowner died without ever withdrawing the money or filing any action against the Commissioner. Twelve years after filing certificate and ten months after death of owner, Commissioner filed petition for condemnation, saying there had been a bona fide but ineffectual effort to purchase the property. Heirs of decedent responded and moved for dismissal based on failure to make a bona fide effort precedent to condemnation. Commissioner moved to amend original certificate to correct name of legal owner and increase the size of the parcel actually taken. Trial court denied motion, stating that as there was a mutual mistake as to amount of land actually taken, there had been no meaningful negotiations at all and certificate was invalidated, and petition dismissed. Supreme Court reversed and remanded. A bona fide offer to purchase became ineffectual when negotiations proceeded far enough to indicate an impossibility of agreement. The Commissioner had completed this jurisdictional requirement. As the Commissioner’s request to amend certificate was to correct inadvertent error, and was not arbitrary, capricious or based on fraud, it should have been allowed.

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