Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Inverse Condemnation and the related topic of premises liability.  For more information about inverse condemnation see the pages on Wikipedia.

Inverse Condemnation-Cases

1997 Bell Atlantic v. Arlington County, 254 Va. 60, 486 S.E.2d 297.

Trial court improperly sustained County’s plea of sovereign immunity and demurrer on grounds that plaintiff’s motion for judgment fails to state claim for damages under Article 1, Section 11 of the Virginia Constitution in this inverse condemnation proceeding. Inverse condemnation action is contract action and therefore not barred by sovereign immunity.

1993 Jenkins v. County of Shenandoah, 246 Va. 467, 436 S.E.2d 607.

Inverse Condemnation is not a tort action but is a contract action and as such sovereign immunity is not applicable.

1984 Prendergast v. Northern Va. Regional Park Auth., 227 Va. 190, 313 S.E.2d 399.

Inverse condemnation actions are based on implied contract and are subject to three-year statute of limitations. In this case, plaintiff’s claim was time-barred.

1984 Chaffinch v. C. & P. Tel., 227 Va. 68, 313 S.E.2d 376.

Telephone company with eminent domain power is liable for common law remedy for trespass. Property owner is not restricted to declaratory judgment procedure described in Va. Code § 8.01-187.

1977 Burns v. Board of Supvrs., 218 Va. 625, 238 S.E.2d 823.

Owner whose property is taken or damaged for public use, has right to waive all other remedies and to sue upon implied contract.

1964 Legum v. Harris, 205 Va. 99, 135 S.E.2d 125.

Plaintiff alleged damages to house from highway construction. Mandamus not appropriate in doubtful cases.

1964 Kene Corp. v. Harris, 205 Va. 619, 139 S.E.2d 61.

Mandamus action to compel institution of condemnation proceedings for property damage was properly denied since damages arose from tort and state immune.

1954 Heldt v. Tunnel Dist., 196 Va. 477, 84 S.E.2d 511.

Virginia constitution recognizes cause of action, where private property has been taken or damaged without just compensation. Landowner may enforce this constitutional right to compensation in common law action. Contributory negligence will not bar plaintiff’s recovery, but plaintiff may not recover for damage caused by his negligence.