2009

Commonwealth Transp. Comm’r of Va. v. Linkhorn Bay Condo. Ass’n

Virginia Circuit Court

79 Va. Cir. 379

In condemnation proceeding, landowner moved in limine to exclude any evidence of foreknowledge of the take as it would relate to the valuation of the residual property. Court granted the motion. Va. Code § 25.1-417(A)(3) requires evidence of any increase or decrease in the fair market value of real property prior to the date of valuation, caused by the likelihood the property would be acquired, to be disregarded in determining compensation. Until a certificate of take was filed, it was too speculative or remote to include the landowner’s prior knowledge of the likelihood of take into the calculation of present market value of the residue at the time of the take.

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