Topic Index

Volume 1, Decisions from 1809–2018

Adjustment costs

Denial of recovery for

Evidence of increased adjustment costs permitted

Attorney fees

Award after failure of state to acquire property

Virginia Freedom of Information Act

Blight

Blighted area definition

Burden of proof on landowner property not blighted

Cannot condemn in blighted area if property not blighted

Condemnation blight

Delay after finding

Redevelopment plan exceeds statutory authority

Commissioners

Arbitrary, capricious or improper decision

Examination of

Majority opinion

Report entitled to great weight

Use of quotient verdict

Condemnation Award

Agreement as to amount

Based on most valuable use of land

Basis to set aside

Delayed award

Division of prior award

Excessive 

Fair market value

Fair market value not reduced by benefit to uninvolved lot

Inadequate

Not paid by betterments to residue

Owner entitled to compensation

Ownership of Claim

Sufficient

Value of improvements by condemnor

Waiver of exceptions

Damage to Fixtures

Personalty intended to remain permanently

Damage to Personal Property

Dead Animals

Franchise

Liability for damage

Moving cost as damage

Personal property or fixture

Damage to Real Property

Compensation for property damaged but not taken

Competing bridges/ferries

Competing railroads

Cost of relocation

Diminution of property value

Duty of landowner to mitigate damages

Government action causing

Interference with street frontage

Loss of access

Loss of visibility

Lost profits too speculative

Moving expenses

Private individual taking for private use

Taking land without condemnation proceeding

Damage to Residue

Cost of adjusting property to changed conditions

Measure of damages

No recovery if remote or speculative

No tax assessment for enhancement

Recovery of increased adjustment costs

Right to compensation

Uneconomic remnant

Voluntary improvement after condemnation started

Deposit by Condemnor

Cost

Repayment of surplus

Withdrawl as waiver

Eminent Domain

Authorization by corporation required

Competing jurisdictions

Compliance with statutes mandatory

Condemnation limited to real property

Delegation of authority

Early entry

Easement in public street by abutter

Easement within sixty feet of dwelling

Essential attribute of sovereignty

First Amendment protection

Fixed definite use

Implied dedication of easement

Incidental transfer to private enterprise

Lawful exercise

Necessity of condemnation

Obtain power from predecessor

Prohibition on take of publicly owned property

Prohibition on taking school property

Reasonable necessity

Reversion

Right of compensation payment

Secondary easement

Statute compliance can be waived by agreement

Waiver of

Enhancement to Property

Enhancement of later parcel by earlier condemnation

No recovery if enhancement exceeds damage

Not an offset for value of property taken

Offset to damages

Peculiar to property

Wrongful demolition

Evidence

Admission of comparables left to discretion of court

Appraisal of condemnor admissible by landowner

Burden on landowner to show damage to property

Burden of proof for arbitrary ordinance

Covenant concerning property

Earned profits of business considered for market value

Lost profits too speculative

Mitigation of damages 

Negligence of landowner

Offer by condemnor not admissible

Possibility of future flooding

Possible future use too speculative

Presence of mineral deposits

Probable future use evidence allowed

Rental income of taken property admissible

Sale of comparable must be voluntary

Similarity of comparables

Speculative damage disallowed

Speculative future benefits disallowed

Speculative plans considered when introduced by condemnor

Experts 

Admission of conflicting opinions

Cross-examination

Cross-examine using prior valuation testimony

Motion to exclude

Qualifications

Required to testify

Replacement cost when no comparables

Time of opinion formation

Witness fees

Fixtures 

Damage to personalty intended to remain permanently

 Future Improvements

Possible future use too speculative

Probable future use evidence allowed

Speculative future benefits disallowed

Instructions

Error to instruct on landowner's negligence

Incorrect to total separate improvement value

Measure of damages 

Misleading

Inverse Condemnation

Action of ejectment inappropriate

Common law remedy

Conveyance of claim

Diminution in value insufficient

Failure to act creates claim

Federal pre-emption

Flooding

Implied contract action

Inconvenience not compensable

Increase in value not mitigation of damages

Jury to decide all issues

Jury to decide only just compensation

Loss of access

Measure of damages

Preliminary planning insufficient for claim

Remedies

Sovereign immunity not applicable

Statute of limitations

Statutory remedy

Tort action

Judicial Review

Burden on landowner to show act unreasonable

Defer to legislative body

Legislative decision not subject to

Necessity of highway purposes

Plainly wrong

Presumption of correctness

Jury

Disclosure of potential benefit 

Disclosure of valuation

Improper jury influences

Statutory requirements

Striking for cause 

Timely request for 

Lessor/Lessee

Apportionment of condemnation award

Intervention by lessee

Separate proceeding as to lessee

Valuation of leasehold interest in condemned property

Pleading

Allow both state and federal claims

Amend certificate of deposit

Amend pleadings

Annexation

Correct description required

Easement condemnation petition sufficient

Inverse condemnation implied contract

Seeking more property than necessary

Time in which to withdraw petition

Police Power

Creates no vested interest for landowner

Delegation to municipal corporation

No compensation for abatement

Public health

Regulation of public highway

Restrictions in flood plains

Restriction of property rights

Valid exercise not a taking

Procedure

Abandonment 

Amend certificate of take

Binding agreements

Court to determine all issues except just compensation and land ownership

Delay in proceedings

Condemning less interest than owner possesses

Failure to adequately describe property

Failure to timely appeal

Final order

First in time, first in right

Fraud

Interest start date

Lack of jurisdiction

Landowner cannot recover sum greater than own valuation

Necessary party before court

Necessity of bona fide offer

No claim until just compensation denied

Nonsuit

Notice and opportunity to be heard

Quick take 

Reopen after order of publication

Single proceeding hearing all affected landowners

Transfer of property upon filing certificate of take and deposit

Uneconomic remnant

Validity of prior orders

Waiver of objection to award

Waiver of objection to jurisdiction

Writ of mandamus

Property Rights

Abandonment of public right

Compensation owed to actual owner

Condemnor requiring dedication of land

Deprive of all economically viable use

Easement as property right

Exclusive easement

Historic district designation

Insufficient ownership

Lienholder not property owner

Loss of visibility

Qualified right to exclude others

Right of entry for survey

Riparian rights

Speculative future damages

Taking private property for private use

Temporary taking

Use of easement

Unity of lands doctrine

Public Use

Definition

Necessity of Public Use Judicial Question

 Necessity of Public Use Legislative Question

Takings in Public Interest

Public Service Corporations

Certificate Public Convenience and Necessity

Decision of Corporate Commission Presumed Correct

Jurisdiction

Just compensation required

Power to condemn 

Public purpose 

Required permission to condemn public service authority

Value of improvements 

Work done in ordinary course of business 

Reacquiring Taken Land

Possibility of reverter a vested right

Repay purchase price

Title vested in condemnor

Regulatory Taking

Appeal 

Arbitrary and capricious legisliation

Dedication of land as condition

Deprive of all economic uses

Fairly debatable 

Nonconforming use

Not permitted use

Pre-existing nonconforming use

Standing

Vested right

Valuation

Admission of comparables left to discretion of court

Appraisal of condemnor admissible by landowner

Appraisal timing

Benefit to uninvolved lot not reduce value of lot taken

Calculation without regard to land restrictions

Consideration of all elements of value

Duty of landowner to mitigate damages

Earned profits of business considered for market value

Remote and speculative future damages

Fluctuation in value prior to date of valuation

Gross sales not prove fair market value

Landowner not entitled to increased value caused by project

Loss of access

Measure of just compensation

Probable future uses admitted 

Rental income of taken property admissible

Sale of comparable must be free of compulsion

Similarity of comparables

Valuation of leasehold interest in condemned property


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