1974

State Highway Comm’r v. Frazier


Supreme Court of Virginia
214 Va. 556, 203 S.E.2d 350
 

At trial to determine compensation for 0.77 acre of land, owners’ experts valued the take close to $12,000 and damages to residue around $6,000. Commissioners awarded a total of $6,850. Trial court set aside award as grossly inadequate, and impaneled a new commission, which awarded a total of $12,000.  Commissioner appealed. Supreme Court ruled that the report by commissioners is entitled to great weight, is prima facie correct, and must be confirmed unless good cause can be shown against it. The condemnor’s expert had given a total value for the take and damage of $6,001. The amount of the first award was within the range of value shown by the evidence. It was error to set it aside. Reversed and remanded to reinstate the first award.

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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