Commonwealth Transportation Commissioner v. Chadwell

In this appeal of a judgment confirming an award in an eminent domain proceeding, the dispositive issue is whether the trial court erred in refusing to strike for cause a prospective commissioner based on his ownership of property directly across the highway from the condemnees’ land.

In October 1994, the Commonwealth Transportation Commissioner (the Commonwealth) recorded a certificate condemning 0.036 acre in fee and 0.006 acre owned by A.B. and Yvonne Chadwell for a permanent utility easement. The Commonwealth’s certificate included a deposit of $69,125, its estimated value of the land…