Property Transactions (eminent domain / condemnation) Flashcards
When may governmental bodies exercise their power of domain?
When there is a public need (which must be declared in the resolution/ordinance directing the condemnation; AND
When the condemner, after making a good faith offer to purchase, cannot agree with the owner as to compensation
What qualifies as a public use in VA?
What additional requirements apply?
Use by the public or a public corporation; (ii) public facilities like airports, libraries or jails; (iii) use by a utility or railroad; (iv) to eliminate a specific “blighted” property that has become a public safety danger; or (v) where an owner of property located in a redevelopment or conservation area agrees to such acquisition.
Except where property is taken for use by a utility company or a railroad right-of-way,
the public interest must “dominate” over any private gain, and
the primary purpose cannot be private financial gain or other private benefit, and
the primary purpose cannot be to create an increase in the tax base or tax revenues for the governmental body, or to create more jobs for local residents.
If no agreement is reached, what measure of recovery is used for the condemned property?
Fair market value
Where the allegation is that the taking has caused damage to the owner’s remaining property, the measure is the FMV of the remaining land the day before the take v. the day after.
What is an inverse condemnation?
Is there sovereign immunity for these claims?
The action brought by a property owner when her property is taken indirectly (e.g. by damaging it, or rendering it less useful), without formal condemnation
No.
May municipalities obtain property through adverse possession?
Yes, under the usual test.
When may municipal corporations sell public property?
With 3/4 approval of the governing body
How long can municipal leases last?
Up to 40 years.
