Legal Opinion

Sheffield v. Department of Highways & Transportation

Supreme Court of Virginia

Decided November 9, 1990No. Record 900062PublishedCited by 6 opinions

1Opinion of the CourtJustice Compton

In this appeal, the sole issue is whether the remedy of ejectment is available to a landowner whose real property has been taken wrongfully and without compensation under the color of eminent domain by the Commonwealth of Virginia for highway purposes.

In 1972, the Commonwealth’s Department of Highways and Transportation (now the Department of Transportation) was improving State Route 75 in Washington County. In connection with the work, the Department condemned a parcel of land as being the property of Mabel Farnsworth and Leona Farnsworth Eads. It was not considered to be the property of the…

2Cases cited8 opinions

  1. Brown v. HaleySupreme Court of Virginia · 1987
  2. Swift & Co. v. City of Newport NewsSupreme Court of Virginia · 1906
  3. Hampton Roads Sanitation District v. McDonnellSupreme Court of Virginia · 1987
  4. Heldt v. Elizabeth River Tunnel DistrictSupreme Court of Virginia · 1954
  5. Morris v. Elizabeth River Tunnel DistrictSupreme Court of Virginia · 1962

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3Cited by6 opinions

  1. Hartwell v. Fairfax CountyFairfax County Circuit Court · 2011
  2. McLaughlin v. Town of Front RoyalCourt of Appeals for the Fourth Circuit · 1994
  3. Front Royal v. Town of Front RoyalWarren County Circuit Court · 1992
  4. Virginia Department of Transportation v. Sumner Falls Run, LLC (ORDER)Supreme Court of Virginia · 2024
  5. Virginia Department of Transportation v. Sumner Falls Run, LLC (ORDER)Supreme Court of Virginia · 2024

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