1925

Duncan v. State Highway Comm’n

Supreme Court of Virginia

142 Va. 135, 128 S.E. 546

Chairman sought to condemn land for highway construction and offered landowner $248.50 to purchase the take. As no agreement was reached, the petition was filed and the matter heard by commissioners. They awarded $100 for the take and $50 for damage to the residue. Landowner excepted to the report as grossly inadequate, and trial court affirmed the award. On appeal, landowner argued that the offer by the Chairman should have been admitted into evidence. Supreme Court affirmed. Offers made by the condemning party to the owner are an attempt to compromise and cannot be proved. Such evidence was properly rejected. Further, such offer does not prove the fair market value of the land. No good cause was shown as to why the report should not have been confirmed.

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