Virginia Supreme Court Rules No Taking in Oystermen Case

In an opinion just released by the Virginia Supreme Court involving OCA members Joshua Baker and Joe Waldo titled Johnson v. City of Suffolk, the court ruled that Virginia oystermen did not present a viable takings claim to obtain compensation when the City of Suffolk and its Sanitation District dumped raw sewage into the Nansemond river and declared a “condemnation zone” (i.e., no oyster harvesting). Specifically, the court concluded that the leases of Commonwealth-owned bottomlands in the Nansemond River did not confer a property interest worthy of constitutional protection. We are obviously disappointed in this ruling and await word as to whether the defendants intend to appeal. For more about the case and the opinion, read Robert Thomas’ Inverse Condemnation Blog.

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