Virginia DOT Verdict Reversed
Following up on our post here on the Ramsey v. Commissioner case, the Virginia Supreme Court recently reversed a jury verdict in favor of DOT that would have required the owner to repay a portion of the initial offer monies. The Court ruled that it was error for the trial court to have precluded the owner from introducing into evidence the DOT’s initial appraisal that was almost 2.5 times greater than the appraisal and testimony relied upon by DOT at trial. The court’s decision reminds us of a familiar quote: “Government is not completely free to play fast and loose with landowners — telling them one thing in the office and something else in the courtroom.” U.S. v. 320 Acres of Land, 605 F. 2d 762 (5th Cir. 1979).
Good luck on the remand!