1967

Colonial Pipeline Co. v. Lohman

Supreme Court of Virginia

207 Va. 775, 152 S.E.2d 34

Colonial filed a petition to condemn 50-foot-wide perpetual easement to construct petroleum pipelines. Landowners retained right to use easement space for agricultural purposes, but highest and best use of residue was residential. At trial, commissioners awarded landowners $8,775 for the take and $47,528 for damage to the residue. Colonial asserted award was excessive and requested that the commissioners be made to appear and state how they arrived at the award. After inquiring of the commissioners, the trial court affirmed the award. Supreme Court affirmed. The proper test for damages to residue is the difference in value immediately before and after the taking. Every circumstance which affects its value, present or future, may be considered. Remote or speculative damages are not to be allowed. Because the amount awarded by the commissioners was within the evidence heard, Supreme Court could not say that the award was based on speculation. The trial court correctly examined the commissioners and correctly calculated the start date for the interest on the award.

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