Town of Rocky Mount v. Hudson

The sole question we decide in this appeal in an eminent domain case is whether damage to the residue of property condemned was properly established.

In 1990, appellant Town of Rocky Mount filed a petition to condemn 38.547 acres of farmland in Franklin County for the purpose of erecting a waste water treatment plant. The petition, filed under the provisions of the Virginia General Condemnation Act, Code §§ 25-46.1 through -46.36, named as defendants the appellees, James Elwood Hudson and other members of the Hudson family who had an ownership interest in the land to be taken. Following the…