2016

Va. Elec. & Power Co. v. Hylton

Supreme Court of Virginia

292 Va. 92, 787 S.E.2d 106

In a condemnation proceeding, landowner objected to trial court’s jurisdiction to hear the case, asserting there was no bona fide offer by Dominion as required by Va. Code § 25.1-204. Trial court granted Hylton’s motion to dismiss. Supreme Court reversed, as objection to jurisdiction was not raised within twenty-one days of being served with the petition for condemnation as required by Va. Code § 25.1-213. Failure to timely raise the issue is a waiver of the objection. Trial court also erred in denying Dominion’s motion in limine as to the separate value of coal reserves on the property and a surface mine that were not contemplated at the time of the taking, as those values were too speculative. Trial court correctly overruled Dominion’s additional motion in limine, by the unity of lands doctrine, as evidence of devaluation of neighboring tracts owned by Hylton not part of the take could be used by jury in finding a unity of use. Case was remanded.

See Commonwealth Transp. Comm’r v. Glass, 270 Va. 138, 147-53, 613 S.E.2d 411 (2005) for discussion of elements of the unity of use doctrine.

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