DEPT. OF TRANSP. v. WESTERN POCAHONTAS

No. 14-0381.

777 S.E.2d 619 (2015)

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, a public corporation, Petitioner Below, Petitioner v. WESTERN POCAHONTAS PROPERTIES, L.P., a Delaware Limited Partnership; WPP, LLC, a Delaware Limited Liability Company; and Beacon Resources, Inc., Respondents Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 17, 2015.


Attorney(s) appearing for the Case

Leah R. Chappell, Esq. , Adams, Fisher & Chappell, PLLC, Ripley, West Virginia, Counsel for the Petitioner.

Lori A. Dawkins, Esq. , Steptoe & Johnson PLLC, Denver, Colorado, Lauren K. Turner, Esq. , Steptoe & Johnson, PLLC, Bridgeport, West Virginia, Counsel for Respondent Beacon Resources, Inc.

David H. Wilmoth, Esq. , Elkins, West Virginia, Jeffrey S. Zurbuch, Esq. , Busch, Zurbuch & Thompson, PLLC, Elkins, West Virginia, Counsel for Respondents, Western Pocahontas Properties, LP and WPP, LLC.


It is a well-established rule in the law of eminent domain that a jury may not award just compensation for the lost profits of a business on land taken by condemnation.1 However, in this appeal of a jury's $24 million verdict in a condemnation case, a litigant testified and valued his interest in a tract...

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