1989

Commonwealth Transp. Comm’r v. Du Val

Supreme Court of Virginia

238 Va. 679, 385 S.E.2d 605

Commissioner was condemning 11.983 acres for highway expansion. At just compensation trial, two prospective commissioners should have been stuck for cause, as there was a question of their impartiality. Over objection of Commissioner, they were retained on the prospective panel. In addition, presence of new roadway made light industrial zoning the more valuable use of land, rather than the existing residential. Landowner was not entitled to an increase in value of land caused in whole or in part by the highway project. Landowner was entitled to benefit of property’s increase in value if the change in highest and best use came about for reasons unrelated to the project. Case remanded for failure to strike prospective commissioners from panel and granting improper instruction.

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