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SHEFFIELD v. DEPT. OF HIGHWAYS AND TRANSP.

Record No. 900062.

397 S.E.2d 802 (1990)

William P. SHEFFIELD, et al. v. DEPARTMENT OF HIGHWAYS AND TRANSPORTATION.

Supreme Court of Virginia.

November 9, 1990.

Attorney(s) appearing for the Case

William P. Sheffield, Abingdon, for appellants.

James F. Hayes, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen.; K. Marshall Cook, Deputy Atty. Gen.; Richard L. Walton, Jr., Sr. Asst. Atty. Gen., on brief), for appellee.

Present: All the Justices.

COMPTON, Justice.

In this appeal, the sole issue is whether the remedy of ejectment is available to a landowner whose real property has been taken wrongfully and without compensation under the color of eminent domain by the Commonwealth of Virginia for highway purposes.

In 1972, the Commonwealth's Department of Highways and Transportation (now the Department of Transportation) was improving State Route 75 in Washington County. In connection with the work,...

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