2001
Wilson v. City of Salem
Supreme Court of Virginia
55 Va. Cir. 270
City adopted resolution to build large water tower near residential area. Landowners filed an action that City’s conduct was a violation of the Fifth Amendment to the United States Constitution, as the tower would take the enjoyment and financial value of their property. Under 42 U.S.C. § 1983, they would have to allege and prove the state action deprived them of any economically viable use of the property. The elimination of a pleasant view and a diminution of property values did not remove all economically viable use of their properties. Court sustained demurrers.
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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