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EAST TENNESSEE NATURAL GAS CO. v. RINER

Record No. 880035.

387 S.E.2d 476 (1990)

EAST TENNESSEE NATURAL GAS COMPANY v. Cowan R. RINER.

Supreme Court of Virginia.

January 12, 1990.

Attorney(s) appearing for the Case

Stephen M. Hodges, Abingdon (Buddy H. Wallen; Clintwood, Penn, Stuart, Eskridge & Jones, Abingdon, on briefs), for appellant.

Scott W. Mullins, Coeburn (Frank Kilgore, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL, WHITING and LACY, JJ., and COCHRAN, Retired Justice.

RUSSELL, Justice.

In this eminent domain proceeding, we must determine whether the landowner, who owned the surface of the land but not the underlying mineral rights, was entitled to an award of damages to his residue property based upon the lost value of potential future strip mining.

East Tennessee Natural Gas Company (the condemnor), representing that it was a public service corporation clothed with the power of eminent domain, filed a petition for condemnation...

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