1991

Commonwealth Transp. Comm’r v. Hurley

Virginia Circuit Court

24 Va. Cir. 19

At just compensation trial, Commissioner’s expert testified the amount of the take was $110,705, with no damage to residue. Landowners’ expert testified the take compensation was $135,992.50 and the damage to the residue was $129,045. Commissioners awarded $135,000 for the easement taken and $125,000 for damage to the residue. Commissioner moved to set award aside, and court granted motion and a new trial was ordered. Landowners’ expert had impermissibly based his opinion on speculative future events. Landowners moved for reconsideration, and court reinstated award as Commissioner had not made a contemporaneous objection, and had thereby waived any objection to the testimony or amount of the award.

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