Constitution "Alive and Well" in Virginia
The Virginia DOT will be forced to pay for what it took from farmer Ed Jennings. In a rare “inverse condemnation” (where a property owner sues government to compensate for a taking), the judge found that run-off from a bridge over the property owner’s land, and mounds of construction debris deposited on the land were “takings” by government that warranted payment of just compensation by the DOT. The Roanoke Times article reporting on the case may be read here.
Ed Jennings has farmed his family’s 300 acre property – purchased by his grandfather in 1935 – for his entire life. During that time, Jennings has witnessed ten governmental takings of his land for various “public uses”: highways, bridges, and power lines. This time, however, he was the plaintiff, complaining about takings that resulted from prior governmental action.
Reflecting on the recent win, Jennings commented:
“Despite what people say, the constitution is alive and well in Wythe County.”
Congratulations to Mr. Jennings and to his attorney, our colleague Joe Waldo from the firm of Waldo & Lyle in Norfolk.
Of note, in New Jersey, if a property owner prevails in an inverse condemnation suit, the government is required to reimburse the property owner for attorneys’ fees and other experts’ fees and costs expended in proving the taking.
Related articles
- Pipelines trump your property rights. (texasvox.org)
- Federalism and Property Rights (volokh.com)
