1992
Rocky Mount v. Hudson
Supreme Court of Virginia
244 Va. 271, 421 S.E.2d 407
Town sought to condemn a 38.547-acre parcel, and commissioners awarded $92,512.80 for the taken land, and $10,000 for damage to the residue. Town appealed the amount awarded for the residue. Supreme Court stated that the landowner had the burden, by a preponderance of the evidence, to show that there was damage to the residue. As the record was devoid of any evidence of the fair market value of the residue immediately before and after the taking, reversed and final judgment.
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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