Project. The plaintiffs amended motion for judgment asserts two counts against the Commonwealth Transportation Commissioner (“Commissioner”): a declaratory judgment action pursuant to Virginia Code § 8.01-187 and a common law action to directly enforce the takings clause of Article I, § 11, of the Constitution of Virginia. Following oral argument on November 28, 2007, this Court sustained the Commissioner’s motion to dismiss Count II of the plaintiffs amended complaint. In a case of first impression, the Court held that Virginia Code § 8.01-187 provides the exclusive mechanism to obtain just compensation from the Commonwealth for damage to private property under Article I, § 11, of the Virginia Constitution. Cf. Chaffinch v. C. & P. Tel. Co., 227 Va. 68, 73, 313 S.E.2d 376 (1984) (<HOLDING>). Because of that ruling, this case will
holding that a statutory remedy does not preempt common law remedies against a nonsovereign entity vested with the power of eminent domain unless the statute expressly or by necessary implication so provides holding that because common law provides remedies an impued cause of action is not necessary recognizing that new mexico has adopted the common law unless otherwise abrogated by specific statutory provisions and that the power of a trial court to change venue on its own motion if necessary to assure the defendant a fair trial is part of that common law recognizing that commission is not bound by statutory or common law rules of evidence holding section 10 of faa is procedural and does not preempt state common law