1925

Galax v. Waugh

Supreme Court of Virginia

143 Va. 213, 129 S.E. 504

Town raised grade of Main Street three to four feet alongside landowner’s property, which obstructed two doors of his commercial buildings. Landowner claimed damage to his property in the amount of $8,000, and brought matter before circuit court. Trial court awarded $750. Supreme Court reversed. If the owner of the property is made whole through the enhanced value of his property by the improvement, then he is not damaged within the meaning of the Constitution. This enhanced value must be an enhancement to him and others similarly situated, not a general or community enhancement common to all. The excess benefits received are special and peculiar to the landowner and must be held in account to determine whether or not he was damaged by the improvement. The enhancement far exceeded the damage sustained by landowner.

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