1979

State Highway & Transp. Comm’r v. Allmond

Supreme Court of Virginia

220 Va. 235, 257 S.E.2d 832

Landowners had a two pump gas station with a one-story frame and tin building. Commissioner acquired a strip across the entire front of the business, plus a fifteen-foot utility easement. At trial, landowner presented evidence that the pumps, tanks and building would have to be moved back from the new edge of the roadway to continue in business, and this would cost $14,000. Commissioners awarded $7,500 for the residue above the enhancement in value to the residue by improved highway access. Supreme Court reversed and remanded. The inconvenience resulting from the take and expenses necessary to adjust the residue to the new conditions created by the take are relevant considerations. But such cost is not the measure of damages and cannot be recovered specifically. Damages to a residue are the difference in value immediately before and after the take, less any enhancements resulting from the take. Under Article 1, § 11 of the Constitution of Virginia a landowner was entitled to just compensation, not bonus compensation. The amount awarded for the residue exceeded the value of the residue, plus the improvements, by almost $400. As the commissioners may have been confused about resolving the value of the residue with the adjustment costs to relocate the pumps, etc., the case was remanded for a new trial.

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