2003
Commonwealth Transp. Comm’r v. Pruitt Props.
Virginia Circuit Court
62 Va. Cir. 95
Commissioner sought to exclude landowner’s evidence at trial. Landowner intended to introduce subdivision plans to show the highest and best use of the take and the impact on the residue. Court held that while it was proper to show that a tract of land was suitable for division into lots and was valuable for that purpose, it was not proper to show the number and value of separate lots in undeveloped land as though the subdivision was an accomplished fact. That would be too speculative. The details of possible future improvements to the land, and their value, were excluded.
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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