Commissioner of Highways v. Freedom I-66 Land, LLC results in $21M Settlement for Client

This case involved the condemnation from an 83 acre parcel zoned Industrial with by right use for data centers of approximately 21 acres in fee, along with 3.4 acres for stormwater management and drainage, required for the construction of a commuter parking lot built as part of the expansion of I-66.  VDOT’s original offer was $4.7 million. 


The most interesting aspect of the case involved damages to the residue.  After a year of meetings with VDOT and its PPP partner, FAM, the parties were able come to an accommodation involving shared use by the Landowner of the stormwater management pond built by VDOT.  Susan Shaw of VDOT, and VDOT’s attorney, Jeff Huber, were instrumental in creating an innovative solution which saved millions of dollars in damage to the residue of the landowner’s property.  Even so the landowner suffered significant damages because VDOT took the heart of an 83 acre parcel, dividing it into 3 residual parcels, creating new setbacks, and adding a new road at set elevations which increased the cost of earthwork by several million dollars.  At a mediation with Judge Robert Wooldridge, the case settled for $21 million.

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