Tag: Michael J. Coughlin

Richmond Highway Widening Update

Posted on by Brigitte Flores

VDOT’s project team hosted a Design Public Hearing on March 26th for the Richmond Highway Corridor Improvements project in Fairfax County, thereby reaching a major milestone for the project. VDOT is now able to seek final design endorsement from the Fairfax County Board of Supervisors, and then final design approval from VDOT.

The project will widen Richmond Highway from four to six lanes from Jeff Todd Way to Sherwood Hall Lane, and reserve 56 feet between the travel lanes for the Bus Rapid Transit (BRT) lanes. There are 199 properties impacted by the project improvements, plus 46 businesses and approximately 17 homeowners that may be displaced.

VDOT anticipates beginning the right-of-way acquisition process in late 2019, and has allocated two years to complete the acquisitions. The project has funding for final design, right-of-way acquisition, and utility relocation. Construction on the road improvements is anticipated to begin during the summer of 2023.

The project will be disruptive to existing businesses, property owners, and residents along the corridor; however, VDOT and Fairfax County hope that the project will be transformative to the area and enable the realization of the goals within the County’s Embark Richmond Highway plan.

The firm currently represents over a dozen property owners in connection with the anticipated taking of their property. If you require any assistance in an eminent domain matter, please contact Michael J. Coughlin at mcoughlin@thelandlawyers.com or at 703.680.4664.

VDOT v. Wolf Trap Foundation for the Performing Arts, Inc.

Posted on by Admin

Wolf Trap Foundation for the Performing Arts, Inc. sought to obtain the maximum amount of just compensation for VDOT’s taking of 1.5 acres of Wolf Trap’s land from a 4.97 acre wooded lot for the construction of a traction power substation associated with development of the Metrorail’s Silver Line. Wolf Trap hired WCL&W’s eminent domain practice group led by Michael J. Coughlin based on a previous and successful zoning entitlement relationship with the firm. WCL&W assembled a team of expert witnesses to help build the case that Wolf Trap’s 4.97 acre property had a highest and best use as an “estate lot” suitable for a large residence before the taking. WCL&W also worked with an expert appraiser and engineer to understand the impact of the taking on the property’s development potential and value. Based on these expert’s findings, WCL&W advanced a theory and valuation based on the remaining property being a “problem lot” that was no longer suitable for residential development because of the property’s post-taking configuration and the location of the unsightly power substation. After settlement discussions with VDOT’s attorney were unsuccessful, WCL&W tried the case for three days in Fairfax Circuit Court in front of a jury, utilizing TrialDirector® software for the presentation of exhibits. Success was achieved when a jury awarded a total of $603,000 in just compensation to Wolf Trap, which included $308,621 in damages, and which was well above VDOT’s original just compensation offer of $321,937. WCL&W worked efficiently with the team of experts to control costs. The distribution of the final award resulted in a sizeable “net gain” for Wolf Trap because of WCL&W’s efforts.

Wolf-Trap-Foundation-v-VDOT

Wolf Trap Property—Pre-Taking

Wolf Trap Property

Wolf Trap Property—During VDOT Construction

Wolf Trap Property Construction

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