VSC Issues Opinions on Law of Beach Replenishment (USA)

The Virginia Supreme Court issued opinions affecting Virginia local government law, and evidently, the City of Virginia Beach and the law of beach replenishment.

In a city’s suit to condemn certain easements in connection with a beach replenishment project, while alternatively claiming ownership of the easements, the circuit court had jurisdiction and was required to determine ownership of the condemned property as part of the condemnation proceeding.

Based on public use and the city’s exercise of dominion and control over the property, there was sufficient evidence proving that there was an implied dedication of this property and acceptance thereof by the city.

Accordingly, the circuit court did not err in finding that the city had acquired ownership of the easements by implied dedication. The judgment of the circuit court is affirmed.

[mappress]

Press Release, November 7, 2012