Jack Butler v. West Virginia Division of Highways

Eminent Domain Condemnation - The West Virginia Department of Transportation Division of Highways acquired the right to take 3.665 acres of Jack Butler's 20 acre undeveloped tract through eminent domain proceeding in order to widen an adjacent state highway. The parties disputed the value of the 3.665 acres to be taken. Butler presented expert testimony valuing the property as $70,000.00 per acre commercial real estate, totaling $257,000.00. The DOH presented expert testimony that only .38 acres was $70,000.00 per acre commercial property and the rest was worth only $405.00 per acre, for a total of $24,350.00

Jury returned verdict of $26,600.00 in favor of the plaintiff/landowner.

Gary Henderson, residential real estate appraiser;
Calvert Estill, general real estate appraiser and consultant

Gordon Cole, general real estate appraiser;
David Casto, general real estate appraiser

Circuit Court denied Plaintiff's motion for a new trial. The Supreme Court of West Virginia reversed and remanded on basis that trial court erred in excluding Plaintiff's witness, David Heater, real estate manager for Go-Mart, Inc., as an expert in valuing plaintiff's property. See 516 S.E.2d 769 (W.Va. 1999).