State Highway Commissioner v. Irving

By JUDGE JOHN A. JAMISON

This matter is before the Court on the Highway Commissioner’s exceptions to the award of damages by the commissioners in the above eminent domain proceeding.

I have carefully read the case referred to me by Mr. Ashby, Bunch v. Highway Commission, 217 Va. 627 (1977), as the authority for his position that the award should be set aside.

The Supreme Court in Bunch affirmed the trial judge’s reduction of the award by remittitur to an amount which equalled the damages estimated by the landowners’ expert appraiser. The Supreme Court distinguished Bunch from the two earlier…