State Highway & Transportation Commissioner v. Linsly

The State Highway and Transportation Commissioner, in the exercise of the right of eminent domain, acquired from John H. Linsly and Jean B. Linsly title to certain land and easements required to convert part of an existing highway into a limited access highway.1 Under Code § 33.1-59, when the State Highway Commission designates any part of an existing highway as a limited access highway the Commission is required, where necessary, to “extinguish all existing easements of access, light or air.”

In his condemnation petition filed in the trial court, the Commissioner asked for the appointment of…