1968
Whitworth v. State Highway Comm’r
Supreme Court of Virginia
209 Va. 95, 161 S.E.2d 698
At trial for just compensation, the trial court directed the commissioners to disregard the testimony of landowners’ expert. The expert used replacement cost less depreciation, because there were no comparables. As such a method was permissible, it was error to disregard it. In addition, the trial court used the wrong start date for interest on the excess award. Supreme Court reversed and remanded.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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