2007

Osipovs v. Chesapeake Airport Auth.

Virginia Circuit Court

74 Va. Cir. 350

Landowners brought declaratory judgment action alleging their property had been taken or damaged by noise and vibration from increased low-flying aircraft directly over their property. Owners sought just compensation under Article I, § 11 of the Constitution of Virginia. Where property is taken or damaged for public use, right to compensation is based on an implied contract. In this context, property is taken if it is deprived of all economic use. Property is damaged when an appurtenant right is affected by a public use which inflicts injury upon the property, diminishing its value. Court held property was not taken as it was still useful as a residence. However, property was damaged as increased noise and vibration prohibited quiet use and enjoyment of the parcel. Landowners could have jury to determine damages under Va. Code § 8.01-187.

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