1987

State Highway & Transp. Comn’n v. Lanier Farm, Inc.

Supreme Court of Virginia

233 Va. 506, 357 S.E.2d 531

Lanier owned an undeveloped 130-acre lot in the City of Martinsville. An unrecorded plat showed residential lots and streets, but no improvements had been constructed. Commissioner sought to condemn 1.07 acres for road improvement, and parties agreed on compensation. The dispute concerned damages to the residue after taking. At trial, commissioners awarded $65,000 as damages to residue. On appeal, Commissioner asserted that Lanier’s evidence was speculative concerning changes it would have to make to its original plan. Supreme Court reversed and remanded. Frustration of plans for development or future use of the property is not itself a compensable item of damages. It is the present actual value of the land with all its adaptations to general and special uses that is to be considered, not prospective, speculative or possible value based on future expenditures and improvements.

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