1982
State Highway & Transp. Comm’r v. Garland
Supreme Court of Virginia
223 Va. 701, 292 S.E.2d 355
At trial on just compensation before the commissioners, landowners’ expert was allowed to testify about comparables located in another county. Supreme Court held that the trial court must determine that the comparables used were similar in locality and character to the land taken. Trial court did not abuse discretion as other sales were near land taken and were sufficiently similar to be relevant evidence of the value of the take. Also, there was no actual misconduct when three of the commissioners had lunch with the landowners but did not discuss the case. Judgment affirmed.
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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