2005

Commonwealth Transp. Comm’r v. Glass

Supreme Court of Virginia

270 Va. 138, 613 S.E.2d 411

In condemnation proceeding, Commonwealth acquired three parcels, including a motel, acreage and various easements. Landowners moved to add eight additional parcels, not part of the three taken, to the proceeding. Trial court allowed evidence of value or damage to additional parcels. Commissioners awarded $105,616 for the fee take and $475,020 for damage to the residue of the three parcels. They also awarded $1,279,880 for damage to the additional eight parcels included by the landowners over objection of the Commonwealth. Supreme Court affirmed the three-parcel award, but reversed damages for the eight parcels. When a portion of tract of land is taken, the owner is entitled to recover for damage to the remainder, but not damage to separate independent tracts. The exception to this is the unity of lands doctrine. There are three required factors: unity of use, physical unity and unity of ownership. As it was not contested that there was unity of ownership and physical unity with the three parcels, the issue was whether the landowners proved the unity of use. The actual joint use must be present at the date of the take. The “business plan” presented was too remote and speculative. There was only a vague hope that the combined property would be valuable for an unknown future development.

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