Com Transp. Com'R v. Glass

613 S.E.2d 411, 270 Va. 138, 2005 Va. LEXIS 67
CourtSupreme Court of Virginia
DecidedJune 9, 2005
DocketRecord No. 042192.
StatusPublished
Cited by4 cases

This text of 613 S.E.2d 411 (Com Transp. Com'R v. Glass) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com Transp. Com'R v. Glass, 613 S.E.2d 411, 270 Va. 138, 2005 Va. LEXIS 67 (Va. 2005).

Opinion

Opinion By AGEE, Justice.

This case arises from condemnation proceedings involving parcels of land located at the Zion Crossroads highway intersection in Louisa and Fluvanna Counties. The Commonwealth Transportation Commissioner of Virginia ("the Commonwealth") appeals from a judgment of the Louisa County Circuit Court which confirmed a report of commissioners pursuant to Code § 25.1-233, awarding compensation to the landowner, R. Stuart Glass. For the reasons set forth below, we will affirm the trial court's judgment in part, and reverse it in part.

I. FACTS AND PROCEEDINGS BELOW

The Commonwealth filed a certificate of take and a petition for condemnation in the Clerk's Office of the Fluvanna County Circuit Court on 20 separate tax map parcels of land owned by Glass in all four quadrants at the intersection of Routes 15 and 250 ("Zion Crossroads"). The boundary between Fluvanna and Louisa counties extends through the southeast, southwest and northwest quadrants of the Zion Crossroads intersection. On Glass' motion, the condemnation proceeding was transferred to the Circuit Court of Louisa County, where the issue of just compensation was submitted to a commission pursuant to Code § 25.1-220, et seq.

Given the number of parcels involved, the trial judge severed the proceedings into three separate cases. The case at bar concerns only the judgment in Case 4367-III, pertaining to the certificate of take for Parcels 003, 03A and 005 which are all located in the northwest quadrant of the Zion Crossroads intersection and are predominately in Louisa County.

Parcel 003 ("the motel parcel") is a 3.368 acre tract with a motel and a restaurant. This parcel is at the Zion Crossroads intersection with 220 feet of frontage along Route 15 and 450 feet along Route 250. The motel parcel was zoned commercial and solely located in Louisa County.

Parcel 03A ("the 25 acre parcel") contains 25.24 acres and is contiguous to the motel parcel on the north and west and contained parking for both the motel and restaurant. Located predominately in Louisa County, that portion is zoned general commercial, while the smaller Fluvanna County portion is zoned agricultural. The 25 acre parcel has approximately 409 feet of frontage along Route 250 and 751 feet along the north side of Route 615. Most of the 25 acre parcel is wooded and unimproved.

Parcel 005 ("the 615 parcel") is a 5.32 acre parcel on the south side of Route 615 and directly across that road from the 25 acre parcel. The 615 parcel was unimproved and zoned agricultural at the time of the take, with 862 feet of frontage along Route 250 and 751 feet along the south side of Route 615. This parcel is predominately located in Fluvanna County.

As a result of the condemnation, the Commonwealth acquired the following portions of *414the three parcels in fee simple: 9,311 square feet from the motel parcel, 4,521 square feet from the 25 acre parcel, and 14,440 square feet from the 615 parcel. In addition, the Commonwealth acquired easements on the residue of these parcels as follows: 7100 square feet on the motel parcel for an MCI cable, 538 square feet on the 25 acre parcel for a permanent drainage easement, and a 5,436 square feet temporary construction easement on the motel parcel.

In April 2003, Glass filed a motion to add eight tax map parcels to the condemnation proceeding which were not part of the three actual take parcels.1 Glass argued that the commission should consider damage to these parcels because they are "contiguous [to the actual take parcels], have the same ownership, and the same highest and best use, and all of them will be affected by this condemnation." Glass identified the parcels in the northwest quadrant of Zion Crossroads that he wished to add as: Parcels 002, 034, 030, 029, 016, 001, 01A, and 01B. Parcel 002 ("the Texaco parcel"), a 1.548 acre tract, was improved with a Texaco gas station located on Route 15 north of the motel parcel and east of the 25 acre parcel. A cellular telephone tower leased to AT & T was on Parcel 029, but the remaining parcels were primarily unimproved woodland. All the additional parcels were zoned agricultural or residential except for the Texaco parcel which was zoned commercial. The additional parcels lay to the north and west of the actual take parcels and were generally bordered on the north by Interstate 64 and on the east by Route 15. The additional parcels constituted a total of 91.422 acres.

On July 23, 2003, the Commonwealth filed a motion in limine requesting that the trial court exclude all evidence relating to the value of or damage to the additional parcels. The Commonwealth alleged "[t]hat for separate parcels to be considered as residue property for the awarding of damages, there must be unity of use, physical unity, and unity of ownership," thus advancing what is commonly termed the unity of lands doctrine.

At an ore tenus hearing on November 24, 2003, the Commonwealth argued that Glass should not be able to present evidence as to the additional parcels because those parcels could not be considered under the unity of lands doctrine, particularly as to the element of unity of use. The Commonwealth contended Glass had not shown unity of use "because there [were] no related actual uses as of the date of take between the taken land and the land sought to be added." Glass presented evidence that he considered all the additional parcels to be commercial property and that he had purchased the parcels at different times for future commercial use. He had hired a surveyor to survey the site in order to prepare a site development plan, but stopped work on the survey when the Commonwealth initiated the condemnation proceeding.

The trial court denied the Commonwealth's motion in limine and ruled that the commission could "consider damages to the added parcels." The Commonwealth noted its exception.

At trial, the Commonwealth's witnesses testified as to the value of the actual take parcels and improvements but not as to the value of the additional parcels. Glass' witnesses testified as to the value of the improvements on the actual take parcels, but not as to the value of the actual take parcels separately. Instead, they testified to the value of those parcels and the additional parcels as a combined tract of 125.35 acres. The Commonwealth objected to Glass's expert witnesses presenting all of Glass's property as one parcel without any consolidated plat approved by the County. The trial court overruled the motion, ruling that

both counsel will be free to refer to the property consistent with their view of the evidence and [the commissioners will determine] whether this land should be viewed as one or ... multiple parcels.

*415The Commonwealth's expert witnesses, Patricia O. Filer and James R. Johnston, appraised the actual take parcels and estimated the value of the fee take and the easements. The Commonwealth's appraisers agreed that the highest and best use of the property was commercial and both used a sales comparison method to determine valuation. Filer valued the motel parcel at $200,376 per acre or $4.61 per square foot. Johnston estimated the value of the motel parcel's land at $239,580 per acre or $5.50 per square foot.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commissioner of Highways v. Karverly, Inc.
813 S.E.2d 322 (Supreme Court of Virginia, 2018)
Va. Elec. & Power Co. v. Hylton
787 S.E.2d 106 (Supreme Court of Virginia, 2016)
HIGHLANDS AIRPORT AUTH. v. Singleton Auto Parts, Inc.
670 S.E.2d 734 (Supreme Court of Virginia, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
613 S.E.2d 411, 270 Va. 138, 2005 Va. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-transp-comr-v-glass-va-2005.