1976

State Highway & Transp. Comm’r v. Parr

Supreme Court of Virginia

217 Va. 522

At trial to award just compensation and damages to residue, landowner attempted to introduce evidence of the increased cost that landowner would incur to raise the level of the residue to prevent surface water draining from the elevated grade of the new road. Trial court sustained objection of Commissioner, but later instructed commissioners that they could consider the reasonable costs of adjusting the residue to the new conditions and the inconvenience to the landowner. Supreme Court reversed and remanded. Inconvenience resulting from the take and expenses necessary to adjust the residue to the new conditions are relevant considerations, but such costs are not the measure of damages and cannot be recovered specifically. The test of damages to the residue is the difference immediately before and after the take, less any enhancement resulting from the take. The costs of using fill to raise the level of the residue were properly excluded in the evidence. The instruction was misleading in that it could be construed to allow an award of replacement expenses.

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