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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