1982

State Highway & Transp. Comm’r. v. Linsly

Supreme Court of Virginia

223 Va. 437, 290 S.E.2d 834

Landowners had commercial property on 2.247 acres fronting on existing highway. Commissioner filed petition to take 0.48 acre and make highway limited access. This eliminated landowners’ direct access to highway. The appraisal experts for landowners were allowed to include loss of access in determining value of residue immediately before and after the take. Their testimony was loss of direct access made residue almost worthless. Supreme Court held that the effect the extinguishment of easements of direct access had on the value of the residue was relevant to the determination of damages. The Commissioner’s offer to construct a service road for indirect access could be shown for mitigation of damages. Judgment affirmed.

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