1973

Foodtown, Inc. v. State Highway Comm’r

Supreme Court of Virginia

213 Va. 760, 195 S.E.2d 883

Commissioner acquired land owned by Riley and Helen Lowe for highway development. The Lowes had leased the condemned property to Foodtown. Lessees intervened and asserted they were entitled to share in compensation amount being paid to the landowners for the equipment and fixtures taken with the property. Commonwealth paid the lessor for the fixtures which stayed in place. Because the lessee did not remove the fixtures pursuant to the lease, which they had a right to do, the trial court ruled that it could not participate in the compensation. The Supreme Court reversed and remanded. As the Commissioner took the property of the lessee, and paid the lessor the value of that property, the lessee was entitled to share in the compensation. They were entitled to a hearing on the amount of compensation due them from the award. Court further held that statute in effect at that time did not allow testimony from Commissioner on what value he placed on fixtures.

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