The Supreme Court of Virginia issued a unanimous opinion April 16 finding that the Virginia Department of Transportation’s (VDOT) initial pre-condemnation appraisal is not a confidential offer of settlement, but rather, an admission of value that should be considered by a jury as evidence of a property’s value.
The case is Ramsey v. Commissioner of Highways, Case No. 140929.
The court’s opinion reverses the judgement of the Circuit Court for the City of Virginia Beach and remands this eminent domain case back to the trial court for further proceedings.
The Owners’ Counsel of America (OCA) filed an amicus curiae brief in this case questioning whether the jury can be kept in the dark about the most important evidence in an eminent domain trial — the value of the private property taken. OCA urged the Virginia Supreme Court to reverse the trial court’s judgment and remand the case for a new trial to determine the amount of just compensation owed to the owners.
Speaking on behalf of the OCA, eminent domain attorney Andrew P. Brigham of Brigham Property Rights Law Firm said: “The Virginia Supreme Court has put an end to the legal loophole that allowed the commissioner and Department of Transportation to employ bait-and-switch tactics in this case. The court affirmed that juries should be permitted to hear all relevant evidence of value in a just compensation trial.
“The Ramsey decision is a victory for Virginia property owners and insures that condemnation proceedings remain fair and equitable for landowners throughout the state,” Brigham said.