2009

Va. Highlands Airport Auth. v. Singleton Auto Parts, Inc.

Supreme Court of Virginia

277 Va. 158, 670 S.E.2d 734

In 1998, the Town of Abingdon enacted an Ordinance to identify and regulate obstructions within the airspace of the Virginia Highlands Airport for the safety and utility of the airport users. Any structure or vegetation was grandfathered in as long as it was in existence when the Ordinance was enacted. In 2005, the Airport Authority filed a petition for condemnation of an avigation easement, seeking rights to condemn airspace over the landowner’s property. The landowner sought an award of damages for the restriction of vertical development, increased noise, vibrations, fumes and traffic caused by lower flights. The Airport Authority’s expert said the only damage was the right to go on the property to remove pine trees at the back, which trees were inconsistent with the commercial use of the property, and that damages totaled $1,600. Landowner’s two experts testified the damage to the property was between $50,000 and $100,000. The jury awarded $80,000 for the taking of the property and $50,000 for the damage to the residue. Supreme Court reversed and remanded. In condemnation cases, the measure of compensation for the property taken was the fair market value of the property at the time of the taking. Compensatory damages are those allowed as recompense for loss or injury actually sustained. The landowner had no fewer rights to the airspace above the property when the Airport Authority obtained the easement than it did when the Ordinance was enacted in 1998. Damages to a residue after a partial taking cannot be recovered if remote or speculative. The landowner’s evidence of possible future lower flights was speculative. The only damage issue to be tried was the limited one of the Airport Authority’s removal of pine trees obstructing the approach zone.

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