Virginia Department of Transportation v. Fairbrook Business Park Associates

By JUDGE ROSEMARIE ANNUNZIATA

The matter before the Court arises in the context of condemnation proceedings instituted by the petitioner, Virginia Department of Transportation pursuant to Sections 33.1-89 et seq. and 25-46.1 et seq. of the Code of Virginia. The Constitution of the Commonwealth of Virginia provides for the exercise of the right of eminent domain, its mode of exercise being within the discretion of the state legislature. The only limitation on the exercise of the right is that the landowners’ constitutional rights be protected. Richmond v. Dervishian, 190 Va. 398, 411 (1950).

Virg…