Legal Opinion
State Highway Commissioner v. Shokes
Winchester County Circuit Court
Decided June 26, 1984No. Case No. (Law) 83-L-104Published
1Opinion of the Court
By JUDGE HENRY H. WHITING
The sole issue before this Court on an exception filed to the Commissioners’ award turns on the allegedly excessive award.
It is well settled that: (1) the Court cannot set aside a Commissioners' award merely because it has a different opinion as to the value of the property and (2) the Commissioners are not bound by the testimonial evidence but may make an award based on their own view of the property. State Highway Commissioner v. Foster, 216 Va. 745 (1976); State Highway Commissioner v. Carter, 216 Va. 639 (1976).
However, where the award exceeds any reasonable…
2Cases cited9 opinions
- Bassett Furniture Industries, Inc. v. McReynoldsSupreme Court of Virginia · 1976
- Smithey v. Sinclair Refining Co.Supreme Court of Virginia · 1961
- West v. AndersonSupreme Court of Virginia · 1947
- State Highway & Transportation Commissioner v. CarterSupreme Court of Virginia · 1976
- State Highway Commissioner v. FosterSupreme Court of Virginia · 1976
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