Ryan v. Davis

22 Citing cases

  1. Atl. Coast Pipeline, LLC v. 0.07 Acre

    396 F. Supp. 3d 628 (W.D. Va. 2019)   Cited 17 times   1 Legal Analyses
    Excluding an expert environmental professional's opinion about a natural gas pipeline's effect on property value because the analysis was not linked to the specific property's value and was therefore irrelevant to the determination of just compensation

    To the extent Fenton means "owed for the temporary construction easements" to include the permanent easement and/or refer to the severance determination, the threshold question is whether damages caused by temporary construction after the date of the take can be a part of the analysis determining just compensation. In Ryan v. Davis , 201 Va. 79, 109 S.E.2d 409 (1959), the lower court instructed the commissioners that any damage the property may have sustained by reason of any wrongful act or negligent acts committed during the course of construction of a highway project was not compensable in the condemnation proceeding but could form the basis of a separate suit. The commissioners were further instructed to disregard evidence of annoyance, inconvenience, or loss of business caused by dirt, noise or temporary obstruction of access caused by the actual carrying on of the construction work.

  2. Ramsey v. Comm'r of Highways

    289 Va. 490 (Va. 2015)   Cited 2 times

    Had the General Assembly intended to exclude such evidence, it could have plainly said as much. Relying on Ryan v. Davis, 201 Va. 79, 109 S.E.2d 409 (1959) and Duncan v. State Highway Comm'n, 142 Va. 135, 128 S.E. 546 (1925), the Commissioner argues that the Savage appraisal is inadmissible because the offer to purchase the property and the Certificate of Take amounts both came from that appraisal. Our interpretation and application of the pertinent statutes in this case is not inconsistent with our previous holdings in Ryan and Duncan.

  3. City of Virginia Beach v. Oakes

    263 Va. 510 (Va. 2002)   Cited 10 times
    In Oakes, this Court was unwilling to accept a theory of damages that relied on an imaginary building built before the taking upon rezoned land with, in addition, an imagined sewage treatment system.

    "In every eminent domain case involving a partial taking, the measure of damages to the residue of the property not taken is the difference in the fair market value of the residue immediately before and immediately after the taking. In ascertaining such damages, both present and future circumstances which actually affect the value of the property at the time of taking may be considered, but remote and speculative damages may not be allowed. Colonial Pipeline v. Lohman, 207 Va. 775, 781, 152 S.E.2d 34, 39 (1967); Ryan v. Davis, 201 Va. 79, 82, 109 S.E.2d 409, 412 (1959); Appalachian Elec. Etc., Co. v. Gorman, 191 Va. 344, 353, 61 S.E.2d 33, 37 (1950)."

  4. Hamer v. School Bd. of the City of Chesap

    240 Va. 66 (Va. 1990)   Cited 7 times   1 Legal Analyses
    In Hamer v. School Bd. of the City of Chesapeake, 240 Va. 66, 393 S.E.2d 623 (1990), we reversed a trial court's denial of a mistrial because "[c]ounsel's persistence in a course of conduct which the court had disapproved and instructed the commissioners to exclude from their considerations... raised a presumption that 'the prejudicial effect of the improper conduct was too strong to be removed by further admonitions.' "

    The owner contends that the trial court erred in giving the Board the right to open and close the final arguments to the commissioners after having ruled that the Board did not have the burden of proof on the issue of just compensation. The question of the right to open and close was decided in Ryan v. Davis, 201 Va. 79, 109 S.E.2d 409 (1959), where we said, It has been the traditional practice in this State for the condemner to open and close the argument before Commissioners.

  5. City of Anchorage v. Scavenius

    539 P.2d 1169 (Alaska 1975)   Cited 34 times
    Holding that Civil Rule 72(k) trumps Rule 82 absent “clear legislative intent”

    Id. at 408. See also Hollywood Baptist Church v. State Highway Dept., 114 Ga. App. 98, 150 S.E.2d 271 (1966); Ryan v. Davis, 201 Va. 79, 109 S.E.2d 409 (1959); Chavez v. City of Laramie, 389 P.2d 23 (Wyo. 1964). Id. at 408.

  6. CSX Transp., Inc. v. Norfolk S. Ry. Co.

    693 F. Supp. 3d 581 (E.D. Va. 2023)

    The taxing of costs in litigation was unknown at common law and is purely a creature of statute. Ryan v. Davis, 201 Va. 79, 85, 109 S.E.2d 409, 414 (1959). Code § 18.2-500 provides that "costs of suit, including a reasonable fee to plaintiff's counsel" may be recovered on proof of a violation of Code § 18.2-499.

  7. Mountain Valley Pipeline, LLC v. 1.30 Acres of Land

    Civil Action No. 7:18-cv-00607 (W.D. Va. Sep. 11, 2019)   Cited 9 times
    Explaining that in a paired sales analysis, the appraiser "identifies pairs of sales that are as similar as possible for all but one factor. When the sales are compared, the difference in price is best explained by that particular feature that distinguishes the properties"

    This evidence is also inadmissible. See 0.07 Acre, 2019 WL 2527571, at *11 (discussing Ryan v. Davis, 109 S.E. 2d 409 (Va. 1959), where an instruction to "disregard evidence of annoyance, inconvenience, or loss of business caused by dirt, noise or temporary obstruction of access caused by the actual carrying on of the construction work" was found to be "proper"). For these reasons, MVP's motion in limine will be granted in part and denied in part.

  8. Justus v. Kellogg Brown Root Services, Inc.

    373 F. Supp. 2d 608 (W.D. Va. 2005)   Cited 1 times

    Tort law, not the condemnation statutes, provides the proper remedy in such situations. See Ryan v. Davis, 109 S.E.2d 409, 413 (Va. 1959) (stating that "any damage . . . sustained by reason of any wrongful or negligent acts committed during the course of construction of . . . [a] highway project is not compensable in th[e condemnation] proceeding, but would form the basis of a separate suit [in tort]"). Furthermore, the Supreme Court of Virginia has explained that the State Highway Commissioner lacks the "authority to institute condemnation proceedings for the purpose of determining damages occasioned by the tortious acts of his agents."

  9. United States v. 9.85 Acres of Land, Etc.

    183 F. Supp. 402 (E.D. Va. 1959)   Cited 9 times

    The rule in Virginia is the same. Duncan v. State Highway Commission, 142 Va. 135, 128 S.E. 546; Ryan v. Davis, 201 Va. 79, 109 S.E.2d 409 (June 22, 1959). It is argued that the landowner, on petition, could have received at least 95% of the "estimated compensation" paid into Court, without prejudicing its rights to secure a trial of the issue of just compensation.

  10. Comm'r of Highways v. Karverly, Inc.

    295 Va. 380 (Va. 2018)   Cited 3 times

    5) ; Revocor Corp. v. Commonwealth Transp. Comm’r , 259 Va. 389, 394, 526 S.E.2d 4, 7-8 (2000) ; WAMMCO, Inc. v. Commonwealth Transp. Comm’r , 251 Va. 132, 137, 465 S.E.2d 584, 586 (1996) ; Chappell v. Virginia Elec. & Power Co. , 250 Va. 169, 172, 458 S.E.2d 282, 284 (1995) ; Lynch v. Commonwealth Transp. Comm’r , 247 Va. 388, 391, 442 S.E.2d 388, 390 (1994) ; East Tenn. Nat. Gas Co. v. Riner , 239 Va. 94, 100, 387 S.E.2d 476, 479 (1990) ; State Highway & Transp. Comm’r v. Linsly , 223 Va. 437, 443, 290 S.E.2d 834, 838 (1982) ; Allmond , 220 Va. at 241, 257 S.E.2d at 836 ; State Highway & Transp. Comm’r v. Parr , 217 Va. 522, 524, 230 S.E.2d 253, 255 (1976) ; Appalachian Power Co. v. Anderson , 212 Va. 705, 708, 187 S.E.2d 148, 152 (1972) ; Dressler v. City of Covington , 208 Va. 520, 522 n.1, 158 S.E.2d 660, 662 n.1 (1968) ; Colonial Pipeline Co. v. Lohman , 207 Va. 775, 781, 152 S.E.2d 34, 39 (1967) ; State Highway Comm’r v. Crockett , 203 Va. 796, 800, 127 S.E.2d 354, 357 (1962) ; Ryan v. Davis , 201 Va. 79, 82, 109 S.E.2d 409, 412 (1959) ; Appalachian Elec. Power Co. v. Gorman , 191 Va. 344, 353, 61 S.E.2d 33, 37 (1950) ; Long v. Shirley , 177 Va. 401, 410, 14 S.E.2d 375, 379 (1941) ; Chairman of the Highway Comm’n v. Fletcher , 153 Va. 43, 47, 149 S.E. 456, 457 (1929) ; Chairman of the Highway Comm’n v. Parker , 147 Va. 25, 29, 136 S.E. 496, 498 (1927) ; Town of Galax v. Waugh , 143 Va. 213, 229-30, 129 S.E. 504, 508-09 (1925) ; Swift & Co. v. City of Newport News , 105 Va. 108, 121-22, 52 S.E. 821, 826 (1906) ; Richmond & Mecklenburg R.R. Co. v. Humphreys , 90 Va. 425, 435-36, 18 S.E. 901 (1894). Within the general category of "circumstances which actually affect the value of the property at the time of taking," id. at 516, 561 S.E.2d at 728, our cases fall within two subcategories: (1) circumstances of the take that diminish the remainder’s fair market value, which the landowner could not remediate with an out-of-pocket expense, and (2) circumstances of the take that diminish the remainder’s fair market value in th