1976

State Highway Comm’r v. Foster

Supreme Court of Virginia

216 Va. 745, 222 S.E.2d 780

Commissioner took 0.424 acre from Foster to build service road, as highway was being made limited access. Service road right of way line was located ten feet from Foster’s home. At trial for just compensation, Foster’s expert testified that the take was worth $434, and damage to the residue was $2,500. Commissioners awarded $1,000 for land taken and $4,000 for damage to the residue. Commissioner argued award was excessive. Commissioners may not take arbitrary and capricious action and return awards unrelated to the value of the property or consider the view as the sole evidence in the case. The experts’ opinions are part of the evidence they are required to consider. As the commissioners could have determined from the facts of this case that the expert’s value opinion underestimated the damage to the residue, Court could not say as a matter of law that the award was arbitrary and capricious. Judgment affirmed.

Dissent by Justices Carrico and Harrison, stating award did not bear a reasonable relationship to the testimonial evidence.

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