BOGESE v. STATE HWY. & TRANSP. COM'R

Record No. 941856.

462 S.E.2d 345 (1995)

BOGESE, INC., et al. v. STATE HIGHWAY AND TRANSPORTATION COMMISSIONER OF VIRGINIA.

Supreme Court of Virginia.

September 15, 1995.


Attorney(s) appearing for the Case

John K. Burke, Jr., Richmond (Mays & Valentine, on briefs), for appellants.

John J. Beall, Jr., Senior Assistant Attorney General (James S. Gilmore, III, Attorney General; Richard L. Walton, Jr., Senior Asst. Atty. Gen.; James J. Vergara, Jr.; Vergara and Associates, Hopewell, on brief), for appellee.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, WHITING, LACY, HASSELL and KEENAN, JJ.


STEPHENSON, Justice.

The dispositive issue in this eminent domain case, raised by an assignment of cross-error, is whether the unity of lands doctrine is satisfied.

In the early 1980's, Bogese, Inc., a Virginia corporation engaged in the business of residential and commercial real estate development (Bogese), owned an 18.664-acre tract of land in the City of Hopewell on which Bogese planned to construct a townhouse apartment development. The sole stockholders...

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