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301 West Freemason St.
Norfolk, VA 23510
Phone: 757.622.5812
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THE CASES AND RESULTS DESCRIBED HEREIN ARE REPRESENTATIVE OF PAST RESULTS OBTAINED BY WALDO & LYLE, P.C. AND ITS ATTORNEYS. PAST CASE RESULTS DO NOT INDICATE OR GUARANTEE FUTURE RESULTS. ALL CASES ARE DISTINCT AND HAVE UNIQUE FACTS, CIRCUMSTANCES AND LEGAL QUESTIONS THAT MUST BE CONSIDERED AND EVALUATED ON THEIR OWN MERIT.


Commonwealth Transportation Commissioner of Virginia v. KFC US Properties, Inc. and GOH Merrifield, LLC

INITIAL OFFER: $2,860,000
JUST COMPENSATION SETTLEMENT: $4,000,000

VDOT condemned the entire parcel of a KFC restaurant in the Merrifield area of Fairfax County for the widening of Gallows Road. The land was owned by GOH Merrifield, LLC and leased by KFC under a long-term lease with approximately 37 years remaining after the date of taking. Just five years prior to the taking, KFC had completely rebuilt the restaurant building, put in all new fixtures and equipment, and completely renovated the site improvements, parking lot, and landscaping. KFC and GOH reached an agreement as to distribution of the settlement award, and KFC took over as lead counsel for the property owners. VDOT deposited $2.86 million with the Fairfax Circuit Court in 2008 to take defeasible title to the land. After the parties agreed to mediation with Judge Robert L. Harris (Ret.) of the McCammon Group, the case was successfully settled for $4 million.

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