1995

Commonwealth Transp. Comm’r v. Thompson

Supreme Court of Virginia

249 Va. 292, 455 S.E.2d 206

Commissioner sought condemnation of a portion of Thompson’s property for roadway improvement. Part of the drainage field of the septic system would be damaged by the take. The issue at trial was whether Thompson’s damages included the expense of connecting to the public sewer system, or the lesser expense proposed by the Commissioner of installing a new drainage field. Trial court refused Commissioner’s motion to strike the landowner’s evidence on cost of connection to public system. Supreme Court reversed and remanded. The landowner is not entitled to compensation that makes the residual property more valuable than it was before the condemnation. The costs of connection to a public sewer system were inappropriate elements of damage. The reversal was also based on a Batson v. Kentucky, 476 U.S. 79 (1986) issue, as the landowner struck all black commissioners from the condemnation commission.

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