1979
State Highway & Transp. Comm’r v. Carter
Supreme Court of Virginia
219 Va. 663, 250 S.E.2d 344
At trial for just compensation, after highway widening brought right-of-way line to within forty feet of landowners’ garage, Commissioner’s evidence established that he did not foresee any changes in the grade of the right-of-way adjacent to landowners’ property. Landowners were allowed to testify that if the grade was changed, they would have to construct a new driveway and have alterations to the garage. Supreme Court reversed and remanded. The landowners’ evidence of a hypothetical grade change at an uncertain time was too speculative and was therefore inadmissible.
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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