We have spent years addressing, solving and sometimes litigating creative and novel theories in the right of way field. While sympathetic articles appear daily on behalf of affected landowners, precious little is offered from the agency’s perspective. The purpose of this page is to summarize our observations and opinions from our clients’ point of view.
MOST RECENT ARTICLES
“Devillier v. Texas” or Why People in Right of Way Should Care Even if They Don’t Care About the Procedural Nuance
Devillier v. Texas is largely about a procedural nuance, but the pictures contain a message for people in right of way that matters even if the procedural [...]
DOES A CLAIM TO JUST COMPENSATION TRANSFER WITH THE LAND?
Is a claim to just compensation from eminent domain real property or personal property? Does a claim to just compensation transfer with the land or not? The [...]
Is a Pretextual Taking Invalid? Not if you say it is for a park.
The first paragraph in Brinkmann v. Town of Southold, 2024 U.S. App. LEXIS 5994 (2nd Cir. 2024), may have gotten some takings mavens excited about pretextual takings, [...]