1973

Appalachian Power Co. v. Anderson

Supreme Court of Virginia

212 Va. 705, 187 S.E.2d 148

Landowners were awarded $20,000 compensation for a transmission line easement together with rights of ingress and egress over their property. Trial court approved award. Appalachian objected to award, as landowners were permitted to introduce a map reflecting plans for future development, and as well as evidence of capitalization of income appraisal method. Supreme Court reversed and remanded. The measure of compensation for land taken is the fair market value of the property at the time of the taking. The test of damage to the residue is the difference in value immediately before and after the taking. In ascertaining such damages, commissioners may consider every circumstance, present or future, which affects its value. Remote and speculative value, based on future improvements, are not to be considered. Introducing plat was improper, as it was prepared after condemnation proceeding was instituted, and showed lots and streets that did not exist at the time of the take. The commissioners are not to consider the value of the property after possible future development. Further, the capitalization method is not appropriate when dealing with unimproved property not producing income. Basing value on possible future use is speculative.

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