1941

Long v. Shirley

Supreme Court of Virginia

177 Va. 401, 14 S.E.2d 375

Commissioner brought condemnation proceeding to acquire 4.75 acres of land for road construction, to determine value of land taken, and any damage to residue. Commissioners awarded $354.75 for take and $850 for residue and trial court confirmed their report. Supreme Court reversed and remanded. The damage to the remaining land could be offset by the enhancement to that property by the improvements. This concept did not violate constitutional protections of just compensation for property taken or damaged for public use, because if the market value of the residue was increased by the improvement, such increase may constitute part of just compensation. If the remaining land is worth more by the improvement, landowner has suffered no loss, and trial court correctly instructed commissioners on this point. However, trial court improperly instructed commissioners by not instructing them to consider items of expense to adjust property to new situation created by construction, as well as inconvenience in future use of property.

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