1995

Chappell v. Virginia Elec. & Power Co.

Supreme Court of Virginia

250 Va. 169, 458 S.E.2d 282

VEPCO sought an easement for a 230 kV high voltage transmission line. At trial, landowner intended to adduce evidence concerning adverse health effects of electromagnetic fields and the resulting damage to the residue. On motion of VEPCO, trial court excluded all references to electromagnetic fields and their consideration in assessing damage to market value of the residue. Supreme Court affirmed. Proffered testimony was inadmissible as it failed to quantify any damage to the fair market value of the residue attributable to the alleged public fear of high voltage transmission lines. Speculative matters should not be considered by the commissioners in determining just compensation.

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