Type of action: Condemnation
Name of case: Commissioner of Highways v. Gainesville GGP
Court: Prince William County Circuit Court
Case no.: CL 18005160-0
Date resolved: 3/16/2022
Verdict or settlement: Settlement
Attorneys for defendant (and city): Paul B. Terpak and Patrick B. Piccolo, Fairfax
Description of case: This case involved the condemnation of approximately 24 acres along with four acres for storm water management and drainage required for the construction of a commuter parking lot built as part of the expansion of Interstate 66. VDOT’s original offer was $3,412,518. Two other smaller takings were settled concurrently with the total VDOT offers for the three cases of $3,928,862. The three cases were settled for a collective payment of $10.1 million. The main issue in the case was whether the property was suitable for data center use and the value per acre. 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 storm water 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. As a result, no damages to the resident were claimed, and the sole issue was value of the property taken. Ultimately this cooperative effort helped lead to a fair settlement of the case.
Defendant’s law firm provided case information.