1969

Bradshaw v. State Highway Comm’r

Supreme Court of Virginia

210 Va. 66, 168 S.E.2d 129

Commissioner sought to condemn 1.928 acres for highway improvement. Landowners had a combination dwelling, gas station and grocery store, with a 15-foot canopy extending from the building. Because the canopy would be too close to the new road, at trial the Commissioner asserted that the canopy should be moved to the other side of the building along with the gas pumps. Landowners objected as being too inconvenient. Trial court allowed Commissioner’s evidence concerning cost of moving canopy and gas pumps. Supreme Court affirmed. Landowners have a duty to mitigate damages, if reasonably possible. The relocation of the service area was not a doubtful or speculative undertaking. If the property could be preserved as a service station, the commissioners were entitled to consider that cost, not as a measure of damages, but to help in fixing the market value of that property before and after the taking. It was proper to introduce evidence of the cost of the proposed change in mitigation of damages.

Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index