1997
Commonwealth Transp. Comm’r. v. American Serv. Ctr.
Virginia Circuit Court
45 Va. Cir. 76
At trial on damages to the residue caused by the condemnation petition, the Commissioner moved in limine to exclude landowner’s evidence on cost of buying adjacent parcel of land and building new showroom on it. Court granted motion, as such evidence was not recoverable as damages, nor could it be admitted to be the measure of damages in adjusting the residue to the new conditions. It was too speculative.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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