1966

State Highway Comm’r v Reynolds

Supreme Court of Virginia

206 Va. 785, 146 S.E.2d 261

Commissioner sought to condemn .39 acre of landowners’ property. At trial, the commissioners were improperly instructed. The trial court erred by instructing the commissioners that they were permitted to value each improvement of the take separately, and to then determine their award by totaling the separate values. While individual items may be considered as enhancing the market value of the land taken, they are not to be separately valued in estimating compensation due the landowner. Supreme Court reversed and remanded. Other instructions were argumentative, emphasized one specific item, and were incorrect regarding the determination of the land’s market value as a whole. Counsel for landowners also made improper closing argument by appealing to the sympathy of the commissioners.

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