1959

Ryan v. Davis

Supreme Court of Virginia

201 Va. 79, 109 S.E.2d 409

Commissioner sought to condemn property of landowners for highway improvement. The landowners were awarded $8,688 for the take, $2,120 for easements and $4,367 for damage to the residue for a total of $15,175. Trial court approved award. Supreme Court affirmed. Landowners raised numerous questions on appeal. Most importantly, the Court held that evidence of highest and best use of landowners’ remaining property was properly admitted to show the highway improvement enhanced residue’s value beyond the damages suffered by the take. There was no error in excluding evidence of the going value of landowners’ restaurant business and income, as profit and loss were too speculative to be considered in determining value of land taken unless attributable to the intrinsic nature of the property. The Commissioner’s deposit paid into the clerk’s office was inadmissible as it was in the nature of a compromise. The award was not grossly inadequate and was supported by the evidence.

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