May 2020

Virginia Supreme Court Gives City Victory in Lost Access Case

By |2020-05-28T21:30:50+00:00May 28th, 2020|Access, Inverse Condemnation|

The Virginia Supreme Court issued its opinion in Hooked Group, LLC v. City of Chesapeake today, ultimately affirming the trial court’s dismissal of the landowner’s case. The facts of the case and contentions of the parties have been described previously on this blog here and here. In short, the landowner, Hooked Group, LLC, owned a [...]

VIRGINIA COURT PROTECTS RELOCATION AGENTS FROM LAWSUITS

By |2020-05-28T21:32:15+00:00May 28th, 2020|Relocation|

Back in March of this year, I published an article about how relocation agents and agencies are increasingly met with the threat of legal action. That article argued that relocation agents and agencies are not the proper target of litigation. Fortunately, the Virginia Supreme Court now appears to have agreed with that position. Fernandez v. [...]

Virginia Supreme Court Finds No Private Cause of Action Under the Virginia Relocation Act

By |2020-05-29T13:59:12+00:00May 28th, 2020|Relocation, Virginia Law|

It's official. In Virginia you cannot sue the displacing agency directly under the Virginia Relocation Assistance Act - the state counterpart to the federal Uniform Relocation Act. The Virginia Supreme Court issued its ruling today in Michael Fernandez, D.D.S., Ltd., a Division of Atlantic Dental Care, PLC v. Commissioner of Highways. The case [...]

N.C. Supreme Court Upholds Inverse Condemnation for Recordation of Roadway Corridor Map

By |2020-05-22T13:30:35+00:00May 22nd, 2020|Inverse Condemnation, North Carolina|

The North Carolina Supreme Court recently upheld a trial court decision in an inverse condemnation case where recordation of a highway corridor map was determined to be worth almost the entire value of the subject property. Under North Carolina’s Roadway Corridor Official Map Act (the “Map Act”), the NCDOT could record a map in [...]

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