State Highway & Transportation Commissioner v. Edwards Co.

The State Highway and Transportation Commissioner of Virginia (Commissioner), under Code § 25-46.17, has perfected this appeal from the trial court’s ruling on preliminary issues which arose in the Commissioner’s condemnation action against property of The Edwards Company, Incorporated (Edwards or the landowner).

While a number of issues are raised and discussed on brief and at oral argument, we need consider only two dispositive questions.

These are:(1) Whether the trial court erred in holding that a railroad siding, a coal unloading pit, a coal conveyor control house, yard lights, a wagon or…