McGlothlin v. State Highway Commissioner
McGlothlin v. State Highway Commissioner
Opinion of the Court
This appeal by the landowners, W. W. McGlothlin and Sally Ann McGlothlin, from a final decree in an eminent domain proceeding brought by the State Highway Commissioner of Virginia (commissioner) presents a single question. We must determine whether the trial court erred in refusing to admit expert opinion evidence proffered by the landowners of the value of the land taken.
The commissioner has never questioned or challenged the general qualifications of the landowners’ witnesses as experts on land values in the area where the land was located. The trial court, upon the commissioner’s objection, refused to admit their testimony on the ground that these witnesses did not make their appraisals and form their opinions of value “at or about” the time of the taking, August 25, 1969.
While the date when the opinions were formed and the changes which had occurred between the taking and the date of the appraisals supporting these opinions could properly be shown as affecting the weight of this opinion evidence, We hold that the trial court erred in holding the proffered expert testimony inadmissible because the appraisals were not made and the opinions were not formed “on or about” the date of the taking by the commissioner.
Reversed and remanded.
Reference
- Full Case Name
- W. W. McGlothlin and Sally Ann McGlothlin v. State Highway Commissioner of Virginia
- Cited By
- 1 case
- Status
- Published