1989

Board of Supervisors of Fairfax County v. Smith

Virginia Circuit Court

17 Va. Cir. 147

Board filed exceptions to the commissioners’ report of just compensation for the take and damage to the residue. Court overruled both exceptions. Commissioners properly did not hear Board’s expert testify about landowners being required to proffer a part of their land to obtain rezoning of the property. Local boards are constitutionally prohibited from requiring dedication as a condition of zoning where the need for such dedication is substantially generated by public traffic demands rather than by the proposed development. The court also held that because the board utilized a quick take, the residue enhancement offset was limited to the peculiar benefits to the residue, rather than the general enhancement to the residue by reason of the construction or improvement made to the land.

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