PKO Ventures, LLC v. Norfolk Redevelopment and Housing Authority

Summary

The Supreme Court of Virginia held that Code § 1-219.1 barred the Norfolk Redevelopment and Housing Authority from condemning PKO Ventures’ unblighted property after July 1, 2010, even though the condemnation petition was filed before that date. The Court rejected the authority’s arguments concerning vested rights and the effect of Code §§ 1-9 and 1-239, reversed the circuit court, and entered final judgment for PKO Ventures.

Holdings

1. Code § 1-219.1 and Paragraph 3 of Chapter 882 barred the NRHA from acquiring PKO's unblighted property after July 1, 2010. Filing a condemnation petition before the deadline did not preserve the authority's ability to complete the taking.
2. The NRHA had no vested or accrued right to acquire PKO's unblighted property when Code § 1-219.1 became applicable, and applying the statute did not impermissibly impair a vested right or claim.

Questions Presented

1. Whether Code § 1-219.1 and Paragraph 3 of Chapter 882 barred the NRHA from completing the condemnation of PKO's unblighted property after July 1, 2010, even though the condemnation petition was filed before that date.
2. Whether the NRHA possessed a vested or substantive right under Title 36 of the Code of Virginia to acquire the property that could not be impaired by the later statutory limitation.

Disposition

reversed