1989

State Highway & Transp. Comm’r v. Goodrich

Supreme Court of Virginia

237 Va. 144, 375 S.E.2d 745

Commissioner caused a certificate of deposit to be recorded on 3.01 acres of land, which caused title of property to be vested in Commonwealth. Four months later, Commissioner instituted condemnation proceedings. Determining that 1.53 acres was already property of the Commonwealth, Commissioner moved to amend the certificate of deposit. Trial court denied motion. Commissioners’ award did not differentiate between land sought to be acquired and land already owned. Supreme Court reversed and remanded. Under statute in effect at that time, Commissioner had right to reform, alter, revise, amend or invalidate a certificate of deposit, as long as it did not add to area of the taking, or was done arbitrarily, capriciously or with manifest fraud. This was true even if motion to amend did not come until after trial had commenced.

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