A recent and notable eminent domain action is the topic of an article by Paul Terpak and Laurie Kirkland, attorneys in the Eminent Domain and Condemnation practice at Blankingship & Keith, on “Limits on Consideration of Mandatory Dedications in Eminent Domain” in the fall 2014 issue of Fee Simple, the newsletter of the Virginia State Bar Real Property Section.
In their article, Terpak and Kirkland discuss Commissioner of Highways v. Nova Hospitality Group, No. 79170-00 (Loudon Cnty. Cir. Ct.), in which expert witnesses for the Virginia Department of Transportation (VDOT) asserted that VDOT’s taking of land for certain road improvements enhanced the value of the residue of the property because it saved the landowner from having to dedicate its land and pay for the very improvements VDOT planned to make. In response to Requests for Admission, VDOT conceded that the need for its project was substantially generated by public traffic demands, rather than by the landowner’s development of its property. Ultimately, VDOT conceded that a forced dedication of the road was improper and instructed its experts to produce revised opinions that did not offset the landowner’s damages by reason of “enhancement.”
Fee Simple is published semiannually for distribution to members of the Real Property Section of the Virginia State Bar. Visit www.vsb.org/site/sections/realproperty.
Terpak, a shareholder at Blankingship & Keith in Fairfax, is the editor of Eminent Domain Law in Virginia (2012) and was selected by Best Lawyers as “Eminent Domain and Condemnation Law Lawyer of the Year” in the DC metro area in 2012. For more information on eminent domain and condemnation matters, contact Paul Terpak at PTerpak@bklawva.com.