1927

Chairman Highway Comm’n v. Parker

Supreme Court of Virginia

147 Va. 25, 136 S.E. 496

Landowner had eighty acres which surrounded a railroad spur. He would charge rent to those who needed to cross his land to get their goods to the spur, averaging $200 to $300 a year. Commission built road adjacent to main railroad and the need to cross landowner’s property disappeared. Commissioners awarded $500 for take and damages. Trial court affirmed their report. Chairman asserted that the award was based on the lost rent and was entirely to cover that loss. Supreme Court affirmed, stating that damage to a residue was the market value immediately before and after the taking, considering every circumstance which then affected its value. While damages to a business were too remote to be considered in estimating the amount of compensation, the commissioners only considered the rental as one of the uses to which the land could be put. The lost rent was not the sole basis of the award.

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