1965

Edwards v. State Highway Comm’r


Supreme Court of Virginia
205 Va. 734, 139 S.E.2d 845
 

Commissioner was condemning a portion of landowners’ property for highway construction. The hearing commissioners made their award which was approved by the trial court. Landowners sought discovery on who appraised their property and the amount of each appraisal. Trial court quashed the request. Supreme Court affirmed. Such disclosures of values made by appraisers to the Commissioner cannot be compelled in condemnation proceedings. Also, the admissibility of comparable sales is left to the discretion of the trial court. As prices had changed little in seven years, comparables of that age being introduced was not error. Refusing evidence of a recent nearby sale was not error, as property was not similar in character, availability or marketability.

Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.


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