In all cases under the provisions of this article, the enhancement, if any, in value of the remaining property of the landowner by reason of the construction or improvement contemplated or made by the Commissioner of Highways shall be offset against the damage, if any, resulting to such remaining property of such landowner by reason of such construction or improvement. However, such enhancement in value shall not be offset against the value of the property taken, and if such enhancement in value exceeds the damage, there shall be no recovery against the landowner for such excess.

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Terms Used In Virginia Code 33.2-1028

  • Commissioner of Highways: means the individual who serves as the chief executive officer of the Department of Transportation. See Virginia Code 33.2-100

Code 1950, § 33-73; 1970, c. 322, § 33.1-130; 2014, c. 805.

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