1960

May v. Malcolm

Supreme Court of Virginia

202 Va. 78, 116 S.E.2d 114

Commissioner was taking 4.96 acres from the landowners for the construction of Interstate 81. At trial, commissioners awarded $12,531 for the property taken and nothing for damages to the residue. Landowners filed exceptions to the report, as Commissioner’s witnesses had all testified that there was damage to the residue. Trial court sustained exceptions, and a second panel of commissioners heard the case. The second panel awarded $12,000 for the property taken and $1,700 damages beyond enhancement to the residue. Trial court confirmed awards. Supreme Court reversed and entered final judgment on the first report. There was some testimony that the construction of a new service road enhanced the residue beyond the amount of the damages. The findings of the commissioners was entitled to great weight and was not to be disturbed in the absence of bias, prejudice or corruption. If enhancement to the residue exceeded damage, then there was no recovery for the landowner. As there was credible evidence to support the first commissioners’ findings, their report was not founded on erroneous principles. It should not have been set aside.

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