1990

E. Tenn. Natural Gas Co. v. Riner

Supreme Court of Virginia

239 Va. 94, 387 S.E.2d 476

Condemnor, a public service company, petitioned for a permanent easement for two gas pipelines. At trial, expert witness for Riner testified that strip mining two coal seams represented the highest and best use for the pasture land, and easement would preclude any strip mining on residue. Commissioners awarded $35,ooo for damage to residue. Supreme Court held that the commissioners should not have considered impediment to mining as affecting the fair market value of the residue, as Riner had no present or future mineral rights to the coal. As remote and speculative damages should not be allowed, trial court should have sustained condemnor’s objection to Riner’s expert. Reversed as to damage to residue and remanded.

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