W&M Rules (JUL 2022)

Question 1

A cause of action for inverse condemnation is a specific type of proceeding based on

Answer 1

a constitutionally created right connected to the “taking” or “damaging” of property by the government.

Question 2

Taking or damaging property in the constitutional sense means that the governmental action

Answer 2

adversely affects the landowner’s ability to exercise a right connected to the property.

Question 3

To prevail on a claim for inverse condemnation, a party must establish that:

Answer 3

(i) the property owner owns private property or has some private property right;
(ii) the property or a right connected to that property has been taken or damaged by the government;
(iii) the taking or damaging was for public use; and
(iv) the government failed to pay just compensation to the property owner.

Question 4

Although sovereign immunity will protect a municipality against liability for many torts, the doctrine will not protect against

Answer 4

a valid claim of inverse condemnation.

Question 5

Inverse condemnation actions arise not out of tort, but rather out of

Answer 5

a quasi-contractual claim under the Virginia Constitution.