2018

Comm’r of Highways v. Karverly, Inc.

Supreme Court of Virginia

295 Va. 380, 813 S.E.2d 322

A condemnation proceeding was to obtain a narrow strip (0.115 acres) of commercial property from a daycare provider. Landowner’s expert stated the damage to the residue was $193,270.00. The Commissioner’s expert opined that the damage to the remainder was $0. This opinion, after objection, was excluded, as he had not determined the fair market value of the property and improvements before the take or the value of the remainder after the take. Supreme Court reversed, holding that the excluded testimony should have been allowed. In a partial taking, the measure of damages to the residue is the difference in fair market value before and after the take. Remote and speculative damages may not be allowed. As there was a legitimate dispute, the expert should have been allowed to explain his conclusion that there was no damage to the remaining property.

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