09/25/2025
It was an exciting day today to go have the first hearing on the Quantico taking claim. This hearing was specific to hear arguments on the government’s motion to dismiss my taking claim. The judge said she anticipated making a decision on their motion in the next 30 days.
A few questions from the Judge and notes I jotted down.
- under the “trusted traveler”  program she asked the government how does that work and how does a person that is an owner or resident vouch for the fitness determination of a repair person that they’ve never met? The attorney for the government did not have much information. This wasn’t something he was well-versed in.
-  The judge stated that it sounds like the access procedure has been ad hoc administered.  That an individual could not rely 100% on the fact that they would be able to even es**rt someone. The government implied that those are “isolated incidents” where someone would be denied access that a homeowner had invited. 🤔
- The judge asked about  the hours of the visitor center, and specific to precious policies - “why would someone need to know 14 days in advance that they might be coming in order to get a pass” and asked what about when the visitor center is closed - like ok Sundays can individuals not go then? If I recall, the government said that an exception would be made for Sunday vistors 🙄
-  The government argued that the regulation that they have in place does not affect a persons use of their property. It’s only for use of the military installation and that there are other ways to access their home that dont involve driving - specifically by train and by water. Government further stated it is a “modest restriction that has incidental impact only.  The judge stated something like “so the policy could be changed - like for example you can’t invite people with blue eyes?” So long as the govenment has a reason behind doing so? The attorney for thr government said yes.
-  Judge asked about the easement on Fuller Road being a public right of way. The government stated that there is no private right of an easement on the road, that it is a public easement - and stated only people that can’t or won’t comply with the policy would be denied use of the easement
-  The government stated at best we might have a restriction, but we do not have a physical taking because access has not been denied to me personally and that the only meaningful access being denied is between a person that is denied access and the government being (eg government claim is homeowner can include and exclude persons so that right isnt being taken -  the fact that the government may override the invitation is not for the homeowner to take up rather It’s for the person being denied.)
-  My council pointed out that the reason that the United States withdrew their first basis of motion for dismissal (they claimed it was for “economy sake”) is inaccurate. The reason government withdrew that claim is because there is no legal basis for it, and that there is no legal basis for any of the other reasons the government has/is asking for the case to be dismissed.
-  My council stated the courts have decided in the past that property owners in the Town of Quantico, have a “special property interest” in the use of Fuller Road to gain access to their property - but “special property interest” is not further defined in law or in case law.
- My council also pointed out the fact that they have changed the visitors access policy over the years and  have made it less restrictive, whereby individuals can now at least go to the town on weekends (if they present credentials at the gate) whereas before they were not allowed to do that. He said it shows that the government realized perhaps their policy had gone “too far” as a taking which is why they modified it, but he said we are not implying that the 2024 policy has fixed everything (side note from me: individuala are required to go to another county, undergo fingerprints, get their facial image captured, and be placed in a federal database - and if a commercial contractor they must also undergo vehicle checks where they must wait for normally 30-90 minutes at a second stop (eg they go to visitor center first, then this vehicle check place, and then finally go to the gate at fuller road where they then can drive to the town).
-  The Judge asked my attorney wouldn’t this mean if my property had a taking that other places and businesses in the town would have a claim as well? He said possibly it depends on if it’s a taking to a property each case would need to be looked at independently - to which the judge said it sounds like you could have a lot of clients. He said he’ll take them.
Sharing also a few pictures from the courtyard and the lobby outside of the courtroom.
I will keep the page updated when I get any additional information/decisions.