2011

Taco Bell of Am., Inc. v. Commonwealth Transp. Comm’r of Va.

Supreme Court of Virginia

282 Va. 127, 710 S.E.2d 478

Commissioner filed a petition in condemnation against landowner in accordance with Va. Code §§ 25.1-100 et seq. and 33.1-89 et seq. Landowner appealed trial court striking the evidence of damages to fixtures from consideration by the jury. While items in question (pans, fry baskets, chairs, refrigerator, etc.) could be removed from the property, there was evidence that the items were for the purpose of the restaurant and intended to stay there for the life of the business. Supreme Court held that the evidence on whether the items were fixtures or personalty for condemnation purposes should have been submitted to the jury. The test is not whether the items are moveable or annexed to the realty. The question is whether the items were of the type needed for the purpose to which the property was devoted, and were they intended to stay on the property for the life of the business. Case remanded for further proceedings.

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