1999

Fairchild Corp. v. Metropolitan Wash. Airports Auth.

Virginia Circuit Court

50 Va. Cir. 127

In 1984, Fairchild entered into forty year lease with the United States for land at Dulles Airport. In 1985, Virginia, Maryland and the District of Columbia created the Metropolitan Washington Airports Authority, which compact was approved by Congress, 49 U.S.C. § 49101, et seq. The United States then leased Dulles to the Authority which had been given the power of eminent domain by the Virginia authorizing statutes. The Authority then sought to condemn the Fairchild lease and Fairchild filed a declaratory judgment action with request for injunctive relief. Fairchild raised several objections to the Authority using eminent domain to extinguish its leasehold. In a lengthy opinion, the court held that the Virginia General Assembly violated no constitutional provision by conferring the power of eminent domain on the Authority. The court further held that the condemnation was for a public purpose, that being a parking garage, and that Congress had not impermissibly mandated that Virginia grant the Authority the power of eminent domain. The condemnation of the leasehold was permitted.

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