Articles Posted in Supreme Court of Virginia

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Dominion obtained necessary certificates for transmission lines to connect Dominion’s recently-approved Wise County power plant with an existing Russell County substation. In 2008, Dominion offered Hylton $19,100 to purchase a 7.88-acre easement. Hylton owned 354 acres across 20 contiguous and two non-contiguous tracts. He owned the surface and mineral rights of some tracts and only the mineral rights of others. Dominion included an appraisal, acknowledging that, according to Hylton, two major coal seams run through or near the property and that Hylton’s ability to sell or lease those mineral rights might be damaged. The appraisal did not consider mineral rights in determining fair market value. The parties signed an agreement granting Dominion the right to enter and construct the transmission line. Dominion filed its petition for condemnation, limited to the surface use of Hylton’s property and moved to prohibit Hylton from presenting evidence of “the separate value of coal,” damage to tracts not taken, and “damages for duplicative or inconsistent claims.” Hylton later moved to dismiss, arguing that Dominion’s pre-petition offer to purchase was not a bona fide offer, under Code 25.1-204, so that Dominion had failed to meet jurisdictional requirements for condemnation. The trial court dismissed and awarded Hylton attorneys’ fees. The Supreme Court of Virginia reversed the dismissal and the denial of Dominion’s motion in limine with regard to evidence related to the separate value of the coal and the potential surface mine. Because the issue of whether the unity of lands doctrine applies with respect to neighboring lands, not part of the taking, is a question of fact, denying the motion on that issue was appropriate. View "Va. Elec. & Power Co. v. Hylton" on Justia Law

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Plaintiff, a successor in title to property interests retained by grantors in two severance deeds executed in 1886 and 1887, filed a declaratory judgment action seeking a determination that the term “minerals” used in the deeds did not effect a conveyance of the natural gas and coal bed methane underlying her land. The circuit court sustained demurrers to Plaintiff’s original and amended complaints, holding that the term “minerals” included the gas as a matter of law. The Supreme Court affirmed after reaffirming the holding in Warren v. Clinchfield Coal Corp., holding that the two severance deeds at issue in this case conveyed the gas as a matter of law. View "Dye v. CNX Gas Co., LLC" on Justia Law