1950

Appalachian Elec. Power Co. v. Gorman

Supreme Court of Virginia

191 Va. 344, 61 S.E.2d 33

Power Company brought condemnation proceeding to obtain permanent easement and right of way for electric transmission lines. Commissioners awarded $1,500 for easement and $8,500 for damage to residue. Power Company contended that landowners improperly introduced evidence of an unrecorded map showing a subdivision of the tract, although there had been no lot sales or improvements on the subdivision. Power Company argued that evidence of lots and subdivision misled commissioners as to fair market value. Trial court confirmed award. Supreme Court affirmed. The Commissioners must consider the present actual value of the land, with all adaptations to general and special uses, and not speculative or possible uses, based on future expenditures and improvements. Compensation should be awarded on the most valuable use of the land, with the considered uses so probable as to have an effect on the present market value of the land. Each case should be considered under its own peculiar circumstances. Landowners were entitled to show by the map the capabilities of the land, and that its susceptibility to platting as proposed made it more valuable than it would otherwise be.

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