1984

State Hwy. Comm’r v. Shokes

Virginia Circuit Court

5 Va. Cir. 189

Commissioner moved to set aside an award as excessive. Court noted that commissioners are not bound by the testimonial evidence but may make an award based on their own view of the property. However, when an award exceeds any reasonable construction of the testimonial evidence, it could not be sustained. When property owner’s own estimate was the highest in evidence, he was bound by that value and could rise no higher than that estimate. Commissioners’ award was based on an erroneous principle of law by including value of land that was in an existing right of way. Court set aside award as excessive and ordered a new trial.

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