1965

State Highway Comm’r v. Skillman

Supreme Court of Virginia

206 Va. 39, 141 S.E.2d 700

Commissioner sought 1.8 acres from landowner to construct highway. At just compensation hearing, commissioners awarded $40,850 for the take and $24,150 for damages to the residue. Over Commissioner’s objection, trial court affirmed the award. Commissioner asserts on appeal that award was excessive, and evidence of earlier sale should not have been admitted. Supreme Court affirmed. The award was more than the Commissioner’s experts posited, but less than the opinions of the experts for the landowners. There was nothing in the evidence to show the commissioners proceeded on erroneous principles. An earlier sale to a telephone company was initially allowed into evidence, but the trial court instructed the commissioners to disregard the sale after evidence emerged that the sale was for a special purpose. Any error in its earlier admission was promptly cured by the court’s direction. There was nothing in the record to show the commissioners were unduly influenced by the earlier sale reference.

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