Kalergis v. Virginia Commissioner of Highways

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The Supreme Court affirmed the decision of the circuit court sustaining a demurrer filed by the Commissioner of Highways in his capacity as chief executive officer of the Virginia Department of Transportation (VDOT) in this action filed by Plaintiff seeking to compel the Commissioner to reconvey property pursuant to Va. Code 33.2-1005(A). The VDOT acquired the property in 1994 in advance of a transportation project. A 1993 appraisal valued the land at $286,110. In 2014, Plaintiff informed the VDOT that he was exercising the right under section 33.2-1005(A) to require VDOT to reconvey the land “for its original purchase price” of $286,110, as the transportation project had not commenced within twenty years. The circuit court concluded that it did not have the authority to insert a purchase price of $286,110 based on the appraisal where the wording of the general assembly was “original purchase price.” The Supreme Court affirmed, holding that an appraisal valuation is not synonymous with “original purchase price” as used in section 33.2-1005(A). View "Kalergis v. Virginia Commissioner of Highways" on Justia Law