1927

Shirley v. Russell

Supreme Court of Virginia

149 Va. 658, 140 S.E.816

New hard surfaced road divided landowner’s farm into two parts. Commissioners awarded $700 for the take and $2,100 for damage to the residue. Commissioner filed exceptions asserting damages were excessive and were based on a misconception of law. After examination of commissioners, trial court affirmed their report. Supreme Court affirmed and held that general benefits are excluded from the consideration of damages to the residue, but special or peculiar benefits may offset damages in a condemnation proceeding. Landowner did not receive any special benefits from a public road open to all traffic, and the commissioners were right to consider the inconvenience or damage caused by cutting the farm into two separate tracts.

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