2015

Ramsey v. Comm’r of Highways

Supreme Court of Virginia

289 Va. 490, 770 S.E.2d 487

In 2009, the Commissioner sought to acquire a .387-acre lot for highway improvement. Pursuant to Va. Code §§ 25.1-204 and 417, the Commissioner had the property appraised before making an offer. The appraisal stated the entire property value was $500,000, and the just compensation for the portion to be acquired was $246,293. The Commissioner filed $248,707 filed with the clerk of court along with the certificate of take, which amount was then withdrawn by the landowners. A petition in condemnation was filed, and the Commissioner ordered a second appraisal, as the first appraiser was no longer available. The second appraisal had the market value of the whole property at $250,000 and the just compensation for the acquired portion with damages at $92,127. The landowners tried to introduce the first appraisal, but the court held that it was an offer of settlement, and inadmissible. The jury awarded $234,032. Supreme Court reversed, being a matter of statutory construction. Va. Code § 25.1-204(A) states before initiating negotiations for real property, the state shall establish an amount which it believes to be just compensation, and shall make a prompt offer to acquire the property for the full amount so established. As the first appraisal was pre-settlement, nothing in either code section bars the admission of the appraised fair market value of the entire property. It was relevant evidence that was not unfairly prejudicial. Case was remanded for further proceedings, with no comment as to how the first appraisal would be admitted into evidence.

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