Monday, February 26, 2007

Virginia Real Property issues

First, the General Assembly passed a bill placing some limitations on the use of eminent domain.

Second, a VMRC case from Poquoson is back in the news. Seems this couple, ordered by VMRC to remove their unapproved dock, has refused to do so. The couple appealed the VMRC order to the Circuit Court for York-Poquoson, and the judge upheld VMRC. Two years later, with the dock still in place, VMRC requested an injunction for the dock to be removed. Judge Smiley, in a sensible preliminary decision, told the VMRC that the easiest thing for the state to do is ask for a hearing to determine if the Jewetts are in contempt of court. Makes sense, the VMRC already has an order, you don't need an injunction to enforce an order.