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Property Law Keyed to Dukeminier
Taylor, et al. v. Northam, et al.
Citation:
2021 WL 3918940 (2021)Facts
In 1887, the heirs of William C. Allen conveyed land (the Circle) to the Lee Monument Association to be used as a site for a monument to Confederate General Robert E. Lee. In 1889, the Virginia General Assembly passed a joint resolution authorizing the Governor to accept the donation of the Circle and the Lee Monument, expressing that the state would “hold the said [Lee Monument] perpetually sacred to the monumental purpose.” In 1890, upon completion of the monument, the Lee Monument Association executed a deed conveying ownership to the Commonwealth, with Governor McKinney signing on behalf of both the Commonwealth and the Association. The deed stated that Virginia would “hold [the Lee Monument and the Circle] perpetually sacred to the Monumental purpose.” In 2020, following civil rights demonstrations and changing public sentiment regarding Confederate monuments, Governor Northam announced his intention to remove the Lee Monument. Property owners near Monument Avenue filed suit, claiming the Governor lacked authority to remove the monument due to restrictive covenants in the 1887 and 1890 deeds and the binding nature of the 1889 Joint Resolution. During the litigation, the General Assembly passed a budget amendment explicitly repealing the 1889 Joint Resolution and directing the monument’s removal.
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