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FAIRFAX COUNTY PARK AUTH. v. VIRGINIA DOT

Record No. 930391.

440 S.E.2d 610 (1994)

FAIRFAX COUNTY PARK AUTHORITY v. VIRGINIA DEPARTMENT OF TRANSPORTATION.

Supreme Court of Virginia.

February 25, 1994.

Attorney(s) appearing for the Case

William McCauley Arnold, Fairfax (Cowles, Rinaldi & Arnold, on brief), for appellant.

James F. Hayes, Sr. Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., Mary Yancey Spencer, Deputy Atty. Gen., Richmond, William B. Moore, Schwartz, Ellis & Moore, Arlington, on brief), for appellee.

Amicus Curiae: (James C. Kozlowski, Springfield, on brief), in support of appellant.

Present: All the Justices.

LACY, Justice.

In this appeal of a condemnation award, we consider the appropriate basis for valuing land subject to a trust agreement providing that ownership of the land vests in a church if it is used for purposes other than a park.

In 1970, David Lawrence executed a trust agreement dedicating a 639-acre parcel to be used as a park. The trust agreement names Fairfax County Park Authority (FCPA) as the beneficiary in possession of the trust so long as the...

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