WEST VIRGINIA DEPT. OF TRANSP. v. CDS

No. 16-1163.

807 S.E.2d 780 (2017)

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, a Public Corporation, Petitioner Below, Petitioner v. CDS FAMILY TRUST, LLC, a Delaware Limited Liability Company, Respondent Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: November 14, 2017.


Attorney(s) appearing for the Case

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

Christopher B. Power , Mychal S. Schulz , Babst, Calland, Clements and Zomnir, P.C., Charleston, West Virginia, Attorneys for the Respondent.


In this appeal, we are asked to rule upon the admissibility of expert testimony valuing wetland property for the purpose of just compensation in a condemnation proceeding where the highest and best use of the wetlands was determined to be the development of a wetlands mitigation bank. We conclude that, because the expert testimony...

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