2000

Revocor Corp. v. Commonwealth Transp. Comm’r

Supreme Court of Virginia

259 Va. 389, 526 S.E.2d 4

Commissioner needed 8.55 acres for construction work on Interstate 64. A portion of the 8.55 acres included Revocor’s land, originally zoned for residential development but later changed to commercial use. In 1989, Revocor got approval of a site plan which showed a road through the property to aid development, but it was never built. At the valuation trial, Revocor was ready to show that to currently construct the road on the residue would be much more difficult and expensive because of the take. Commissioner moved to exclude the plan and any testimony concerning increased adjustment costs to the residue, and trial court sustained the motion. Revocor was only awarded $37,500 for damage to the residue. Its excluded evidence was that the increased damage costs were $453,826. Supreme Court reversed and remanded. Revocor was entitled to show as a factor of evaluation the increased cost of road relocation. The building of the road in a different location was not speculative or contingent on future acts beyond Revocor’s control.

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