1968

Dressler v. Covington

Supreme Court of Virginia

208 Va. 520, 158 S.E.2d 660

As a result of roadway improvement, Commissioner condemned front 40 feet of landowners’ property. As a result, a rock wall was removed, and the house was torn down and rebuilt farther back. Landowners wanted to introduce evidence of a need for a new rock wall. Commissioner argued that no rock wall was needed and trial court sustained the objection. Supreme Court affirmed. In determining the diminution of the market value or damages to the residue, it is proper to consider the necessary expense in adjusting the property to the changed conditions. However, such cost is not the measure of damages to the residue and cannot be recovered specifically. The commissioners had a view of the property and may have determined no new wall was necessary, by awarding $150 for the residue damage. The refusal of the trial court to admit the cost of building the wall was not prejudicial to the rights of the owners.

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