Virginia Electric & Power Co. v. Pickett

89 S.E.2d 76, 197 Va. 269, 1955 Va. LEXIS 220
CourtSupreme Court of Virginia
DecidedSeptember 14, 1955
DocketRecord 4392
StatusPublished
Cited by20 cases

This text of 89 S.E.2d 76 (Virginia Electric & Power Co. v. Pickett) 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
Virginia Electric & Power Co. v. Pickett, 89 S.E.2d 76, 197 Va. 269, 1955 Va. LEXIS 220 (Va. 1955).

Opinions

Buchanan, J.,

delivered the opinion of the court.

This is a condemnation case in which the condemner, Virginia Electric and Power Company, claims that the commissioners awarded the landowners excessive damages and that the trial court erred in refusing to set aside their report.

Two tracts of land are involved, one referred to as the Poland tract and the other as the Latham tract, located mostly in Loudoun county but partly in Prince William county.

Over each the Company takes a 100-foot right of way or perpetual easement on which to construct, operate and maintain its pole and tower lines for transmitting electricity, together with the right of ingress and egress to and from said right of way over any existing roads and if none reasonably convenient then over the property of the owners by such ways as reasonably convenient in order to construct and maintain the electric lines and their appurtenances, and other rights incident to these purposes, the Company to be liable for all damages resulting from the exercise of its rights of ingress and egress.

The Poland tract is said to contain 782 acres, bounded on the east by State Highway No. 705 and on the south by No. 701, with an additional tract said to be about 75 acres lying along the south side of No. 701. The 100-foot right of way extends across the 782-acre tract for a distance of 7,758.2 feet and contains 17.81 acres. For this the commissioners allowed $3,900, or $219.97 an acre, for the land taken, and $7,380 for damages to the residue, a total of $11,280.

The Latham tract according to the record contains about 185.49 acres. It is divided into two parcels by U. S. Highway No. 15 [271]*271which runs north and south, the parcel east of the highway, 120 A, being the larger. The 100-foot right of way runs diagonally across parcel 120 A and the northeastern corner of 120 B for a total distance of 3,046.5 feet and includes 7.01 acres. For the land taken the commissioners allowed $2,100, or $299.57 an acre, and for damages to the residue $4,900, a total of $7,000.

The Company under its assignments of error contends that the commissioners disregarded the court’s instructions and proceeded upon erroneous principles; and that their awards are so grossly excessive as to show prejudice.

In accordance with the statute, Code § 25-12, five disinterested freeholders were appointed as commissioners, all of whom served and signed the report. They were given written instructions, to which there was no objection, fully explaining their duties and telling them, among other things, that they should determine the fair market value of the land taken, and what that meant, together with the damages to the residue, if any, based on the difference between the market value of the same at the time of the taking of the right of way and its market value after the taking. They viewed the premises, heard the testimony of witnesses for both sides and made their report. The Company argues that the only competent and credible opinion evidence was given by its witnesses and that when the awards are measured by their testimony and by comparable sales, they cannot be justified. This requires an analysis of the evidence.

The Polands introduced seven witnesses who may be described and their testimony stated as follows:

Hutchinson, a farmer, had known the Poland land for forty years. He had read the condemner’s petition and had been over the land within the week. The right of way went through four fields, highly productive and the best of the Poland farm. He was familiar with land sales in that locality and had made two appraisements for one of the banks in the county. He valued the 17.81 acres at $5,100 or approximately $300 an acre, and was of opinion that the residue of the farm would be worth $6,000 less after the construction of the transmission line, a total of $11,100.

Gossom, a dairy farmer, was owner of a 400-acre farm two miles from the Poland farm on which he had lived over thirty years. He was familiar with the value of land in that locality, knew of other property that had been sold and what people were asking for it. He thought the land in the right of way was worth $250 an [272]*272acre; that the difference in the selling price of the residue before and after the power line was built would be about $5,400; that when you cut a big field in two you naturally damage its value; that there were four fields that would be so cut up which were “the prime of the farm”; that such a right of way constitutes a nuisance because it has to be worked around every time you cultivate the land or harvest the crop. “It is there to be reckoned with every time you come along.” He placed the total for the land taken and damage to the residue at $9,852.50.

Cox was a farmer, owning a farm about a mile from the Poland place, and had been the county farm agent for Prince William county for twenty-five years. He was familiar with land values and had seen farms sold in that community and knew about their productivity. He had ridden over the whole Poland farm about two weeks before. He thought the whole farm would bring $175 an acre. He valued the land taken, which he considered the best of the farm, at $250 an acre and estimated the damage to the residue at $5,500, as a conservative figure, a total of $9,952.50.

Smith owned a farm about four miles from the Poland farm, had lived in that community all his life and was familiar with the Poland land. He knew of properties around there that had been sold and was familiar with land values in that area. He thought the Poland farm north of No. 701 would be worth as a whole $20.0 an acre and “I figured the damages for the land would add about $300 more to that.” He thought the total for the land taken and damage to the residue would be $500 an acre for the 17.81 acres, or $8,905. He also said that he thought the right of way would reduce by $50 an acre the value of the remainder which he thought comprised 822 acres, but it is uncertain from his evidence what he meant in that respect.

McCanless had hunted on the land and built roads on it. In 1950 he had offered to buy the farm for $125 an acre and at that time had walked all over it. He had owned a farm six of seven miles from the Poland place and sold it in 1944. He had appraised some five properties for a Middleburg bank within the last year and knew what people were asking for land in the community of the Poland farm. He thought the Poland land was worth $125 an acre, that the easement for the power line would depreciate the value of the residue ten per cent, and that for the land in the easement he “would want” $400 an acre. His figures were $7,124 for [273]*273the land taken and $9,552.38 for the damages to the residue, a total of $16,676.38.

Jenkins was cashier of a Leesburg bank and a farmer. He occasionally valued property for loan purposes for the bank and its customers and felt that he knew land values in Loudoun county fairly well. He knew the Poland land and had been on it the previous day. He thought the land in the right of way was worth about $300 an acre, “coming out of the middle of the field like this.” He was of opinion that the difference in the fair market value of the farm before and after the taking was $10,800.

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Virginia Electric & Power Co. v. Pickett
89 S.E.2d 76 (Supreme Court of Virginia, 1955)

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Bluebook (online)
89 S.E.2d 76, 197 Va. 269, 1955 Va. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virginia-electric-power-co-v-pickett-va-1955.