1992

Commonwealth, DOT v. Fairbrook Bus. Park Assoc.

Supreme Court of Virginia

244 Va. 99, 41 S.E.2d 874

VDOT sought to acquire 2.4 acres of land from the 27-acre parcel owned by Fairbrook. Both sides agreed the highest and best use of the property was as an office park. Because of an open space requirement by Town of Herndon, VDOT became aware that the loss of 2.4 acres would substantially increase the damage to the residue from the reduction of buildable office space. To lessen acquisition cost, VDOT amended its pleadings to reduce the interest taken from fee simple to a perpetual easement. At trial, VDOT’s appraiser used the development plan created by Fairbrook to limit the damage to the value of the residue. Conversely, Fairbrook’s appraiser testified that under the development plan, the residue damage was significantly higher. Commissioners awarded $657,351 for the residue. On appeal, Supreme Court stated that speculative plans should not be considered as evidence by commissioners. However, VDOT first put the Fairbrook plan into evidence. It was not error for Fairbrook’s rebuttal to also use the plan. Trial court’s order approving commissioners was affirmed.

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