West Virginia Department of Highways v. Thompson

On June 26, 1973 as part of a project to widen and improve Murdock Avenue, State Route No. 14 between Parkersburg and Vienna, the West Virginia Department of Highways took part of the property owned by Loren E. Thompson. In the 1986 condemnation proceeding the jury awarded $30,000 as compensation. On appeal, the appellant asserts that the trial court incorrectly limited the expert testimony and erred in holding, as a matter of law, that the machinery located on the property was personal property and not part of the real property. For the following reasons, we reverse the trial court and…