1960

May v. Malcolm

Supreme Court of Virginia

201 Va. 621, 112 S.E.2d 838

In October 1955, Commissioner filed certificate of deposit describing the land sought to be condemned for road improvements. Commissioner recorded new certificate in April 1957, which vested title in the Commonwealth to the lands described. A dispute whether the landowner actually had owned the property was decided in landowner’s favor. Commissioners made an award and court confirmed and began interest from the 1955 date. Supreme Court reversed and remanded. Landowners were allowed to introduce evidence of sales from 1958, two years after completion of the project and the resulting increase in traffic. Changed conditions did not give a fair market value of the property when taken. There was also no evidence to show these sales were not under compulsion or by way of compromise. The start date for the interest on the amount of award over what had been deposited, under the statute in effect at that time, was from the date of the award.

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