1986

State Highway & Transp. Comm’r v. Dennison


Supreme Court of Virginia
231 Va. 239, 343 S.E.2d 324
 

Commissioner sought to condemn two parcels to create connecting road between two highways. At trial, court allowed two individuals to remain on the panel as commissioners over objection by Commissioner. Both had responded they were personal friends of the landowner and either sold him insurance or built farm buildings for him. Both said on voir dire that they could be fair and impartial.  Supreme Court held that lower court did not abuse its discretion by not striking for cause. Further, landowner’s expert, who used post-take sales as comparables to determine just compensation, was properly allowed to testify, as he used a deflation factor to offset any inflation by newer sales. Affirmed on appeal.

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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