1971

Tremblay v. State Highway Comm’r

Supreme Court of Virginia

212 Va. 166, 183 S.E.2d 141

Commissioner condemned 32 acres for Interstate 64, and at compensation trial introduced evidence that highest and best use of land was investment holding. Landowner introduced evidence that highest and best use of land was for residential development. Commissioner put on evidence of a comparable sale that was sold at auction. Trial court refused to instruct commissioners that auction sale was not an indication of fair market value. Supreme Court reversed and remanded. In many sales at auction there is an element of legal compulsion which negates the idea of a free and voluntary transaction. As Commissioner did not show that sale at auction was voluntary and fair, the commissioners should have been instructed to disregard that evidence. The comparable sale sought to be introduced by landowner should have been admitted.

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