1991

Trout v. Commonwealth Transp. Comm’r

Supreme Court of Virginia

241 Va. 69, 400 S.E. 172

Commissioner recorded a certificate of deposit with clerk of circuit court, vesting defeasible title in the Commissioner to landowner’s parcel. Commissioner filed a petition for condemnation and matter came on for trial to ascertain just compensation. Commissioner had failed to comply with a discovery order concerning expert’s opinions, and on trial date, landowners moved to exclude expert’s testimony, which motion the trial court granted. Commissioner moved for voluntary nonsuit pursuant to Va. Code § 8.01-380. Over objection, nonsuit was granted. Supreme Court reversed and remanded. A condemnor had no right, under statutes then in effect, to take a nonsuit or voluntary dismissal without landowner’s consent, after interest in, or possession of, property has been acquired.

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