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WASHINGTON METRO. AREA TRANSIT AUTHORITY v. ONE PARCEL OF LAND IN FAIRFAX COUNTY

No. 85-1200.

780 F.2d 467 (1986)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant, v. ONE PARCEL OF LAND IN FAIRFAX COUNTY, VIRGINIA; First American Bank of Virginia; Eugene N. Hooper; Celeste Hooper; J. Willard Marriott, Jr.; Richard E. Marriott; Nancy P. Marriott and unknown owners, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 2, 1986.

Attorney(s) appearing for the Case

William B. Lazarus (Roger J. Marzulla, Acting Asst. Atty. Gen., Washington, D.C., Elsie L. Munsell, U.S. Atty., Thomas K. Berger, Asst. U.S. Atty., Alexandria, Va., John L. Davis, Martin W. Matzen, Washington, D.C., on brief), for appellant.

Stephen K. Fox (Marc E. Bettius, Bettius, Fox & Shumate, P.C., Fairfax, Va., on brief), for appellees.

Before HALL, MURNAGHAN, and WILKINSON, Circuit Judges.

MURNAGHAN Circuit Judge:

I.

A case in condemnation centers on the proper valuation of a piece of property in Fairfax County, Virginia which was taken by the Washington Metropolitan Area Transit Authority ("WMATA") for construction of a rapid rail transit system ("Metro") and related facilities, including a station. Prior to WMATA's condemnation of the land on May 31, 1984 it had obtained from the owners ("the owners") a right of entry onto the land dated...

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