1939
Pruner v. State Highway Comm’r
Supreme Court of Virginia
173 Va. 307, 4 S.E.2d 393
Commissioner sought to condemn 2.94 acres of land for highway construction. Matter was heard by commissioners who awarded $2,250. Trial court confirmed the award. Supreme Court reversed and remanded. When property is taken by eminent domain for public use, landowner was entitled to compensation based on the most valuable use of the land. The uses considered must be so reasonably probable that they have an effect on the present market value of the land. Land’s adaptability as a subdivision should have been considered as an element in estimating the market value.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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