State Highway & Transportation Commisioner v. Levine

By JUDGE BERNARD G. BARROW

In this condemnation proceeding a dispute over the distribution of funds exists between the fee simple owners of the property involved and a [creditor] secured by a deed of trust on the property. I have concluded that the fee simple owners are entitled at this time to receive compensation for their interest in the property which was not subject to the lien of the deed of trust, but that the balance should not be distributed to either party except in accordance with the terms of the underlying obligation secured by the deed of trust.

The Commonwealth of Virginia took…