1969

State Highway Comm’r v. Bell

Supreme Court of Virginia

209 Va. 769, 167 S.E.2d 127

In 1964, Commissioner obtained first parcel from landowner. Highway improvements enhanced value of residue. In 1966, highway project needed additional land, and a second parcel was taken from landowner. Landowner said that value on second parcel included enhancement. Over the objection of Commissioner, trial court allowed evidence of enhancement. Supreme Court affirmed. The question was whether the need for the second parcel was within the scope of the original project. If the taking of the second parcel was not reasonably probable, the factor of enhancement in value was properly submitted to the commissioners. The need for the second parcel was not in the scope of the original project.

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