1964

Va. Elec. & Power Co. v. Farrar

Supreme Court of Virginia

205 Va. 244, 135 S.E.2d 807

VEPCO was building a hydroelectric dam and sought to condemn upstream creek bed and banks up to the 214 foot contour level to clear logs and debris. After commissioners set just compensation awards, VEPCO contended that by allowing landowners’ witnesses to testify that taking the property would cause the remaining lands to be flooded, the trial court caused commissioners to arrive at a grossly excessive award. VEPCO contended that such flooding was an impossibility. Supreme Court reversed and remanded. It was obvious that the evidence of future flooding played an important part in the awards by the commissioners. The commissioners were not to compute, consider or make an award for any possible future claims of flooding caused by the power company beyond the limits of the property to be acquired. The awards were set aside.

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