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Norfolk, VA 23510
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Supreme Court Will Not Stop Homeowner from Pursuing Just Compensation for Damage from Airport Expansion

George and Margaret Osipovs may proceed to have their inverse condemnation claim heard before a jury to establish the just compensation they should be paid. The Virginia Supreme Court has denied Chesapeake Airport Authority’s appeal of Chesapeake City Circuit Court Judge Randall Smith’s November 2007 ruling finding that George and Margaret Osipovs’ property had been damaged by the Chesapeake Airport Authority’s actions at the Chesapeake Regional Airport.

Judge Smith ruled that the Osipovs’ property had been damaged by the Chesapeake Airport Authority’s installation of an instrument landing system, which directed an increase in air traffic over and through the Osipovs’ property. Judge Smith’s ruling and the Virginia Supreme Court’s denial of the CAA’s appeal of that ruling entitles the Osipovs to have the value of the just compensation due to them set by a jury of five landowners.

The Osipovs’ case is a significant victory for property owners throughout the Commonwealth of Virginia who have had their property taken or damaged by airports that have refused to acquire the appropriate avigation easements for similar airport expansions.