1963

Va. Elec. & Power Co. v. Patterson

Supreme Court of Virginia

204 Va. 574, 132 S.E.2d 436

VEPCO sought a perpetual right of way and easement to build underground pipe and cable lines. The underground easement was entirely within a surface easement which was obtained fifteen years earlier. Hearing commissioners awarded $6,500 to the landowners. VEPCO asserted the awards were excessive and arrived at in an improper manner, and moved the trial court to require the commissioners to appear and advise how the awards were made. Trial court refused and approved the awards. Supreme Court reversed and remanded. Both experts for VEPCO testified fair market value of take was under $155. The findings of the commissioners are entitled to great weight and will not be disturbed unless there is clear proof that it was based on erroneous principles or so grossly excessive as to show bias, prejudice or corruption. As the awards were far in excess of the experts’ opinions, the trial court should have required the commissioners to attend and advise the court on the manner in which the report was formulated.

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