1902

Richmond, Petersburg & Carolina R. R. Co. v. Chamblin & Scott

Supreme Court of Virginia

100 Va. 401, 41 S.E. 750

Railroad filed petition to condemn portion of landowners’ property to construct a spur track. Commissioners awarded landowners $11,995, and trial court affirmed award. Railroad complained amount was grossly excessive and was improperly based on losses to the business resulting from road closure due to spur. Supreme Court affirmed trial court. Court held that the question was: what was the property’s market value from its availability for valuable uses in both the present and the future. The commissioners were to consider the uses of the tract for all purposes. It would be improper to disregard the particular use the owners had put the land to, for that could exclude its chief element of value. The tract taken made entry and exit from the owners’ foundry business much more difficult, and therefore more costly. The commissioners properly considered the use to which the owners had put the property, as an element of market value, and nothing in the amount suggested they were influenced by an improper motive.

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