1953

Va. Elec. Power Co. v. Call

Supreme Court of Virginia

195 Va. 454, 78 S.E.2d 670

VEPCO initiated condemnation proceedings against landowners to obtain permanent easements to erect electric transmission lines. Commissioners awarded one landowner a total of $2,375 and a second a total of $13,850. VEPCO filed exceptions stating that the awards were grossly excessive, based on improper evidence and arrived at in an improper manner. VEPCO also asserted that one commissioner had relied on hearsay evidence. Trial court affirmed awards. The commissioner had received information outside the evidence as to the land’s value in the area but did not share this information with the others and it had no improper effect on the award calculations. The fact that counsel for landowners talked to the commissioners upon their return with the verdict to explain the manner in which the awards were calculated was not prejudicial, for at that point commissioners were only witnesses. Trial court appropriately awarded interest. Supreme Court affirmed.

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