1976

Virginia Historic Landmarks Co. v. Bd. of Supervisors

Supreme Court of Virginia

217 Va. 468, 230 S.E.2d 449

Commission identified Green Springs Historic District as a landmark for the Virginia Landmarks Register. Louisa County Board of Supervisors filed petition seeking judicial review of the resolution. The complaints included the taking of property rights without compensation or due process. Commission moved to dismiss as it was not an agency subject to the General Administrative Agencies Act. Trial court overruled motion, tried case, and remanded cause to Commission with directions. Supreme Court reversed and dismissed. While the designation of an area as historic could have some incidental effect on the value of property, there was no evidence that the impact was so immediate, direct or significant as to assume constitutional proportions or necessitate public notice or hearing. The Commission is not an agency within the General Administrative Agencies Act because the General Assembly did not authorize it to make rules or adjudicate contested cases.

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