2007

Commonwealth Transp. Comm’r v. Target Corp.

Supreme Court of Virginia

274 Va. 341, 650 S.E.2d 92

Pursuant to Va. Code § 25.1-205, Commissioner filed a condemnation action against a Target store. As a result of the highway construction, the Target store lost visibility from the new highway. Commissioner’s expert said there was no damage to the residue because of the loss of visibility. Jury awarded $175,100 for the property taken and $3,324,900 for damage to the residue. Supreme Court affirmed, but declined to decide if a landowner can receive damages for the loss of visibility. Affirmation was based on failure of Commissioner to preserve error for appellate review, and for inconsistent positions at trial and on appeal, but award was held not to be excessive.

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