1983

Bd. of County Supervisors v. Wilkerson

Supreme Court of Virginia

226 Va. 84, 307 S.E.2d 450

Board of Supervisors for Henrico County petitioned for condemnation of 36.4 acres of land owned by the Wilkersons to create wastewater treatment plant. Entire land was 198 acres in four contiguous lots, used for farming and leased to a tenant. Wilkersons had sold rights to remove sand, gravel and stone from the entire property to Sadler Materials Corporation. By the trial on just compensation, Sadler had not yet begun excavation but planned to do so in the near future. Wilkersons adduced evidence concerning the value of the minerals on both the taken parcel and the residue. Commissioners awarded $146,838 for the take and $169,680 as damages to the residue. Trial court approved award. Board argued that mineral evidence should not have been allowed, as there was no current mining, and it was speculation as to whether it would ever be mined. Supreme Court affirmed. Presence of mineral deposits is an element to be considered in determining fair market value of land. Mineral deposit evidence was properly allowed. Consideration should be given to every element of value which ordinarily arises in negotiations between private persons with respect to the voluntary sale and purchase of property. Board further argued that there should be no award on the residue, but Court said the property was treated as a whole for the tenant, the mineral rights, and the County tax assessor.

Dissent by Justice Russell, stating mistrial should have been granted for testimony about the separate value of the sand and gravel deposits.

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