Frequently Asked Questions
1. Why doesn’t WPOA represent property owners in the inverse condemnation case?
WPOA intends to seek “just compensation” for the damage caused to the property held by WPOA, but cannot do the same for individual owners’ property, even though these owners are members of the Association. To receive compensation for damages associated with lost property value, individual landowners will need to initiate separate legal actions against ACP, LLC.
2. What are the four elements that need to be satisfied for Step 1 (Determining Liability)?
A property owner needs to legally prove the following conditions are true before an inverse condemnation case can proceed to Step 2 (Determining Compensation):
a. Does the owner have a relevant property right?
b. Was there a “taking” of a property right by the ACP, LLC?
c. Was this “taking” done by an entity with the power of eminent domain?
d. Was this “taking” done without “just compensation” to the owner?
3. Can I use any appraiser for Step 2?
No. Your appraiser should work with your eminent domain attorney to prepare an appraisal report that is admissible in court. Bank appraisals are much different than eminent domain appraisals and fail to consider multiple legal issues with regards to valuation that benefit property owners in eminent domain litigation. Please also note that your appraiser may be required to testify in court, so litigation experience is important when picking an appraiser.
4. How much can I receive in “just compensation” if I win?
You can receive the difference between the value of your property before and after the taking of your property rights should you succeed in proving that ACP is responsible for the diminution in value during Step 1 of the litigation process.
5. Is there a guarantee our lawsuit will win?
6. Am I at risk for being sued by ACP, LLC or Dominion?
No. You are suing ACP, LLC, and Step 1 will only involve pleading, briefing, and arguing a legal issue.
7. If we have further questions, who do we contact?
All information that Friends of Wintergreen, Inc. has provided or will provide in the future with respect to potential inverse condemnation lawsuits is offered solely as a public service to Wintergreen property owners and does not constitute the solicitation or provision of legal advice. This information is provided in furtherance of the mission of Friends of Wintergreen, Inc. to protect and enhance the heritage, environment, and natural beauty of the greater Wintergreen area in Nelson County, Virginia, for local citizens, visitors, and the general public. Per your request, the information you provide will be submitted to the law firm of Waldo and Lyle, PC. It is solely your decision whether to retain Waldo and Lyle, PC and to maintain any relationship with them in the future. Friends of Wintergreen, Inc. makes no representation with respect to the results you will receive if you retain Waldo and Lyle, PC.