2010

Town of Rural Retreat v. Huckleberry Farms, L.L.C.

Virginia Circuit Court

81 Va. Cir. 18

Town filed petition for condemnation on a train depot building and owner filed a demurrer asserting that building was personal property. Town wanted depot for historical purposes after owner stated intention of moving building to another location. Court sustained demurrer. Commonwealth can limit the power conferred upon governmental bodies in the use of eminent domain. Any restrictions placed by the state must be obeyed. Va. Code § 15.2-944 does not permit acquiring historical sites by condemnation. Va. Code § 15.2-1901.1 limits condemnation to real property. As the depot building was moveable personal property, the petition was dismissed.

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