Virginia Supreme Court Opinions Affecting Local Government Law September 12, 2013

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The Virginia Supreme Court issued new opinions this morning, some of which affect local government law.  Here they are (summaries taken from the Virginia Supreme Court website):

PKO Ventures, LLC v. Norfolk Redev’t & Housing Auth. 09/12/2013 In a condemnation proceeding in which the property owner asserted that a redevelopment and housing authority lacked the power to condemn unblighted private property that was located in a blighted area, the circuit court erred in permitting the condemnation after the effective date of the July 1, 2010 statutory deadline pursuant to Code § 1-219.1. The judgment of the circuit court is reversed and final judgment is entered in favor of the property owner.

Small v. Federal Nat’l Mortgage Ass’n 09/12/2013 In response to certified questions of law presented to the Court by a federal district court pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, it is held that a clerk of court in Virginia lacks statutory standing to initiate a lawsuit, in his official capacity, to enforce the real estate transfer tax on the recording of instruments under Code §§ 58.1-801 and -802. Because the ministerial duties of a clerk of court do not extend to enforcing the state taxes at issue, the first certified question is answered in the negative and the second certified question is not addressed as a result.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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