Commonwealth Transportation Commissioner v. Linkhorn Bay Condominium Ass'n

By Judge A. Bonwill Shockley

On March 18, 2009, this Court heard argument on Linkhorn Bay’s motion in limine. Linkhorn Bay seeks to exclude any testimony on and discovery of evidence of its alleged foreknowledge of the take as it relates to valuation of the residual property. Both parties have filed briefs in this matter.

In the context of a state agency’s estimate of just compensation, the Virginia Code is abundantly clear:

Any decrease or increase in fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the…