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Water, sewer system condemnation dispute settles after three years — $30.7 million settlement

Virginia Lawyers Weekly//November 2, 2025//

Water, sewer system condemnation dispute settles after three years — $30.7 million settlement

Virginia Lawyers Weekly//November 2, 2025//

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Paul B. Terpak
Paul B. Terpak

Type of action:

Injuries alleged: Just compensation for condemnation of private water and sewer system

Name of case: Board of Supervisors of Rockingham County v. Massanutten Public Service Corporation

Court: Rockingham County Circuit Court

Case number: CL 23001337-00

Name of judge: Judge Andrew Baugher

Scott D. Helsel
Scott D. Helsel

Date resolved: Oct. 6, 2025

Demand: $46 million

Offer: $25.8 million

Attorneys for plaintiff: Paul B. Terpak and Scott D. Helsel, Fairfax, Blankingship & Keith

Description of case: This case involved the condemnation of the private water and sewer system at Massanutten resort, including all related tanks, pumps, equipment, over 200 miles of pipes and a large sewerage treatment plant. The system was owned by a conglomerate of over 100 similar systems, ultimately owned by a Canadian pension fund.

The court-ordered inventory of the system revealed that eight new parties needed to be added to the case because easements were located upon their property. After a more than three-year process, all parties settled with a payment to Massanutten Public Service Corporation of $30.7 million.

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