Commissioner of Highways v. Sadler

By

Judge Joseph M. Teefey, Jr.

This matter is before the Court on the respondent’s motion to dismiss the Commissioner’s petition for condemnation and partially invalidate the Certificate of Take. The Court appreciates the written submissions and argument on behalf of both parties. The Court has reviewed all matters and is prepared to rule. For the reasons stated, the respondent’s motion to dismiss is denied.

Questions Presented

Whether Article I, § 11, of the Constitution of Virginia limits the Commissioner to taking only the property necessary to achieve the public use?

*75Whether this Court loses…