Michael, an experienced litigation attorney, leads the firm’s Eminent Domain Practice Group. In eminent domain matters, Michael represents only property owners and businesses with just compensation and lost profit claims. He assists his eminent domain clients from the beginning of the condemnation process through trial, if necessary. His other litigation experience includes land use disputes with local governments, contract and administrative disputes with government agencies, easement and title disputes, and complex construction disputes. Michael regularly lectures on eminent domain and land use topics, and has been recognized as one of Virginia’s Super Lawyers in the field of Eminent Domain.
Professional Memberships
Virginia Bar Association
The Appraisal Institute, Affiliate Member
Prince William County Bar Association
Representative Cases
VDOT v. Wolf Trap Foundation for the Performing Arts, Inc. (just compensation jury award of $603,000 versus original offer of $321,937)
VDOT v. Oak Farms (just compensation award for property owner 55% above VDOT’s offer)
Teen Challenge of Fredericksburg, Inc. v. Stafford County, Virginia (Settled Fair Housing Act and RLUIPA claims in United States District Court Eastern District of Virginia)
Rohr v. Cross Creek Investments, LLC et al. (successful defense of rezoning approval)
$11.8 million negotiated settlement for compensation for shopping center losing access
Successful zoning cases in Prince William, Frederick, Stafford and Fauquier Counties
Counsel to home builder in contract matters
Reported Decisions
McCarthy Holdings LLC v. Burgher, 282 Va. 267 (2011) (holding that servient estate owner retained the right to use an are encumbered by an exclusive use easement)
Martin v. Garner, 286 Va. 76 (2013) (holding that neighboring property owners owned to the centerline of a common alley)
Helmick Family Farm, LLC v. Comm’r of Highways, 297 Va. 777 (2019) (holding that evidence of the reasonable probability of a rezoning and its effect on value should be admitted in an eminent domain case)
Professional Recognition
Martindale-Hubbell AV® Preeminent™ Rated Lawyer
Named to Virginia Business’ 2016 Legal Elite in Real Estate/Land Use
Named a Virginia Rising Star (2009-10, 2013-18) and Washington DC Rising Star (2014-17) by Super Lawyers® in Virginia Lawyer Magazine
Name a Top Rated Eminent Domain Attorney in Virginia by Super Lawyers®, 2019-2021
Named to Virginia’s “Legal Elite,” Real Estate Law: Eminent Domain, Virginia Business Magazine, 2020
Publications and Presentations
Speaker at 2014 Appraisal Institute Annual Meeting: “Dissecting the Appraisal Report”
Instructor for 2014 Eminent Domain CLE: “Settlement Strategies”
Appraisal Institute, Stonewall Jackson Chapter Presentation: “The Role of the Appraiser in Condemnation Cases.”
Author of “Solving Eminent Domain Problems Post-Kelo” published in INSIDE THE MINDS™ EMINENT DOMAIN LITIGATION AND DISPUTE RESOLUTION
Author of “Absolute Deference Leads to Unconstitutional Governance: The Need for a New Public Use Rule,” published in 54 Cath. U. L. Rev. 1001 (2005). (Link to Article)
Catholic University, Columbus School of Law, guest lecturer in land use
