1994

Fairfax County Park Auth. v. Virginia Dep’t of Transp.

Supreme Court of Virginia

247 Va. 259, 440 S.E.2d 610

In 1970, a trust was created with the Park Authority as trustee, for 639 acres to be used as a public park. If the land was used for any other purpose, it would pass to a church, free of restrictions. VDOT filed for condemnation to use 2.6497 acres for road improvements. At trial, court ruled that the measure of compensation was the property’s fair market value as restricted by the trust. Park Authority’s evidence was that if property use was restricted as a park, it had no market value. If used for residential purposes, it was worth $125,000 an acre. Trial court awarded a total of $6,450. Supreme Court reversed and remanded. There was no evidence that the condemned land was so committed to its use as a park that it was not economically feasible to put the land to other uses. The fair market value of the condemned property should be calculated without regard to the use restrictions placed on it by the trust agreement.

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