2011

Dean v. Bd. of County Supervisors

Supreme Court of Virginia

281 Va. 536, 708 S.E.2d 830

County filed a petition for condemnation against Dean. County moved in limine to exclude all evidence of a comparable sale. Trial court sustained the motion, and sale of comparable property for $1,175,000 was not heard by jury. Jury awarded $488,750 for Dean’s gas station. Dean appealed and Supreme Court affirmed. Evidence of other sales in the same locality can be admissible, but the amount paid by the condemnor is not admissible as an indication of fair market value unless the offering party has evidence to show that the sale was voluntary and free from compulsion, and not by way of compromise. As Dean did not show that the County was free from compulsion, or that the sale was not by compromise, there was no error in excluding the comparable sale from consideration.

Dissent by Justice Mims, stating the landowner did present enough evidence for the jury to have considered the comparable sale.

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