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COM'R OF HIGHWAYS v. KARVERLY, INC.

Record No. 170282.

813 S.E.2d 322 (2018)

COMMISSIONER OF HIGHWAYS v. KARVERLY, INC.

Supreme Court of Virginia.

May 10, 2018.

Attorney(s) appearing for the Case

Stephen A. Cobb , Deputy Attorney General ( Mark R. Herring , Attorney General; Jeffrey R. Allen , Senior Assistant Attorney General, on brief), for appellant.

L. Steven Emmert , Virginia Beach ( Joseph T. Waldo , Norfolk; Joseph V. Sherman ; Jeremy P. Hopkins ; Sykes, Bourdon, Ahern & Levy; Waldo & Lyle; Cranfill Sumner & Hartzog, on brief), for appellee.

Amicus Curiae: Local Government Attorneys of Virginia, Inc. ( Sharon E. Pandak , Chantilly; Zachary C. Packard ; Michael J. Connolly , Arlington; Greehan, Taves & Pandak, on brief), in support of appellant.

PRESENT: All the Justices.

OPINION BY JUSTICE D. ARTHUR KELSEY.

In this eminent domain case, the Commissioner of Highways initiated a condemnation proceeding to acquire a narrow strip of commercial property to create a multi-use trail. At a trial to determine just compensation, the trial court allowed the expert witness for the landowner, Karverly, Inc., to testify that the take caused $193,270 in damages to the remainder. The court, however, disallowed the Commissioner's expert...

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