1907

Hunter’s Adm’r v. Chesapeake & Ohio Ry. Co.

Supreme Court of Virginia

107 Va. 158, 59 S.E. 415

Railway filed petition to condemn a two-block long property where landowner had successful heavy equipment business. Commissioners set award for the take at $22,900. Upon examination, commissioners explained that $5,000 was for taking the business away from the landowner. Trial court struck the award down to $17,900. Supreme Court reversed and remanded. The owner was entitled to the fair market value of the property at the time of the taking. While lost profits of a destroyed business are too speculative to be considered, profits earned by a business conducted on the property taken can be considered in determining market value. The report of the commissioners was entitled to great weight and not to be disturbed unless shown to be erroneous by clear proof. There was no clear and satisfactory proof upon which to change the award.

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