1991
Virginia DOT v. Fairbrook Bus. Park Assocs.
Virginia Circuit Court
23 Va. Cir 309
Department filed a certificate to condemn landowner’s property. Department then filed motion to amend the certificate to an easement instead of a fee simple interest, and to change the area to be taken. Landowner objected asserting that was an entirely new case to prepare for litigation. Court allowed amendment as being permitted by the statute in effect at that time, which authorized Department’s right to reform, alter, amend or revise the certificate.
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.
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