1971

Staunton v. Aldhizer

Supreme Court of Virginia

211 Va.658, 179 S.E. 485

City sought to condemn 44 square feet of landowners’ property to improve roadway. Landowners removed buildings on condemned area and built new grocery store on residue. At trial, landowners testified new grocery store cost $20,800, to which City objected. Commissioners awarded $22,000 for the take. Trial court approved the award. Supreme Court reversed and remanded. In determining the diminution of the market value of the residue, or damages thereto, it is proper to consider the expenses made necessary in adjusting the property to the changed conditions brought about by the taking. Landowners’ testimony went to the cost of a replacement building. It was not limited to expenses necessary to adjust the lot to the new situation caused by the improvements. Testimony was not a proper element of damages, and it was error to have admitted the testimony. The awards are to be measured by the evidence, and if the evidence clearly shows the award to be unreasonable, it should be set aside.

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