2008

Commonwealth Transp. Comm’r v. Newcomb

Virginia Circuit Court

75 Va. Cir. 488

Landowner sought to introduce gross receipt evidence to prove just compensation for land taken, and cost of installing new scales as an adjustment expense on value of damage to residue. Court held both inadmissible. Evidence of gross receipts of a business conducted on condemned real estate is not admissible to prove the fair market value of the land sought to be taken. Also, there were no scales present at the time the certificate of take was filed. Voluntary improvement to the remaining property to enable the continuation of a business was not a proper adjustment expense. The scales were a new fixture put on the residue after the initiation of condemnation proceedings.

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