Taco Bell of America v. Com. Transp. Com'r, 282 Va. 127

CTC filed Certificate of Take to acquire Taco Bell property and improvements for Route 29 project in Fairfax County.
Case proceeded under Virginia eminent domain statutes; compensation disputed for 42 restaurant items.
CTC moved in limine to exclude these movable items from being fixtures; motion continued to trial date.
Boyer testified 42 items were personal property valued at $49,795; items could be removed without damaging the building.
Taco Bell presented Reyle and DeSelms arguing items were fixtures; evidence suggested items were used for the restaurant and intended to remain.
Trial court held items were purely personal property and instructed jury to ignore them; verdict awarded compensation for realty and residue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Danville test supports fixtures as jury question	Taco Bell: three-part Danville test indicates fixtures and warrants jury submission.	Commissioner: moveable items are not fixtures; no jury question.	Evidence sufficient to submit fixture/personalty issue to jury.
Whether trial court erred by striking evidence and instructing the jury to disregard the items	Taco Bell: court erred; jury should determine fixture status.	Commissioner: items are personal property; no jury issue.	Trial court reversal warranted; remand for proper submission to the jury.

Danville Holding Corp. v. Clement, 178 Va. 223 (1941) (three-part test for fixtures, including owner’s intention)
State Hwy. & Transp. Comm'r v. Edwards Co., 220 Va. 90 (1979) (fixtures determination where items are adapted to use of property)
Austin v. Shoney's, Inc., 254 Va. 134 (1997) (evidence viewed in light most favorable to party appealing fixture determination)
Virginia Electric & Power Co. v. Webb, 196 Va. 555 (1954) (unitary just compensation award in condemnation)