1959

Commonwealth Natural Gas Corp. v. Horner

Supreme Court of Virginia

200 Va. 824, 108 S.E.2d 403

Corporation filed condemnation proceeding to obtain 60-foot right of way and easement to construct gas pipeline over property of five landowners. Commissioners heard matter and made their awards. Corporation asserted awards were excessive and sought to put on evidence of two witnesses who would have testified as to land value at hearing on exceptions. Trial court denied request and confirmed awards. Supreme Court held that additional evidence on value of land taken or damaged would not be allowed at exceptions hearing. Court reversed and remanded, as trial court should have required commissioners to appear and testify as to the manner in which the award was formulated, in light of allegations that awards were grossly excessive, and that commissioners proceeded on erroneous principles.

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