Omar Mohammad El-Rashed and Eliana Eyad Albelbaisi contested the compensation offered after the state temporarily took a 1,458-square-foot backyard strip for Interstate 495 construction. Although the homeowners accepted an initial $29,700 payout for landscaping and the temporary easement, they sought an additional $500,000 for estimated value losses tied to tree removal, relocated sound walls, and closer lanes. Both the circuit court and the appellate panel barred the claims, clarifying that compensation cannot cover impacts from work on state-owned land or the overarching project.
Key points
Landowners cannot claim extensive devaluation damages for a broader highway project when…: Landowners cannot claim extensive devaluation damages for a broader highway project when the state only takes a small temporary easement.
Statutory compensation must relate directly to the specific parcel acquired rather than o…: Statutory compensation must relate directly to the specific parcel acquired rather than overarching project disruptions like noise and dust.
Claims for tree loss and construction impacts occurring on state-owned property are barre…: Claims for tree loss and construction impacts occurring on state-owned property are barred from landowner compensation awards.
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A Virginia couple who wanted additional compensation for the impact of a highway expansion on their property have lost their legal battle. An appeals court has ruled that they cannot claim losses caused by the wider road project when the government had temporarily acquired only a small section of their land.
According to Find Law, Omar Mohammad El-Rashed and Eliana Eyad Albelbaisi owned a home in McLean, Virginia, near Interstate 495 (I-495). In March 2023, the Virginia Department of Transportation (VDOT) began proceedings to use a portion of their property temporarily for construction work.
The land involved was a narrow strip at the back of their home, covering 1,458 square feet. VDOT offered $29,700 for its temporary use, including compensation for trees and vines. The couple accepted the payment but continued to argue that the amount did not cover the financial impact of the project on their property.
Their appraiser, Dennis Gruelle, estimated that the highway expansion and the temporary acquisition together could reduce the property's value by almost $500,000. The couple wanted this estimate considered while determining their compensation.
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