2001

Russell v. Commonwealth Transp. Comm’r of Va.

Supreme Court of Virginia

261 Va. 617, 544 S.E.2d 311

In condemnation proceeding, landowners’ expert testified that taken land was valued at $12,538 per acre. Commonwealth sought to cross-examine expert that his firm had previously valued same acreage for tax assessment value at $1,000 per acre. Over objection, Commonwealth was allowed to proceed. Supreme Court affirmed, holding that the inconsistency in the tax assessment value and expert’s trial testimony could have been considered by the commissioners to assess the weight of expert’s testimony.

Dissent by Justices Keenan, Hassell and Koontz, asserting that tax assessment valuations and fair market value for just compensation use different methodologies, and the tax assessment values should not have been used for impeachment.

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