Dave Arnold and Ross Greene will be presenting on two exciting topics at the 2026 Virginia Eminent Domain Conference at the Kingsmill Resort in Williamsburg, Virginia, May 7-8, 2026. REGISTER HERE for the 2026 Virginia Eminent Domain Conference! Dave will be presenting the ethics panel along with Cheryl Walton, Esq., from the Prince William County Attorney's [...]
Is a taking under North Carolina's Map Act a taking of an indefinite duration or a temporary taking ? The North Carolina Supreme Court in Mata v. North Carolina Department of Transportation and North Carolina Turnpike Authority, No. 217PA24-1 (Dec. 12, 2025) recently ruled that takings under the Map Act are takings of an indefinite [...]
The Supreme Court of North Carolina recently issued an opinion in Sanders v. NCDOT, a case in which we had the opportunity to author an amicus brief at the Court of Appeals level. (You can read our amicus brief here, and the opinion of the Court of Appeals here.) Sanders stems from North Carolina's Roadway [...]
For a locality to be liable for failure to maintain an easement, does the locality have to hold the easement? Earlier this year, the Fourth Circuit Court of Appeals wrapped up an inverse condemnation case, Fernaays v. Isle of Wight County, No. 23-2296 (4th Cir. 2025), answering that question. The general thrust of the opinion [...]
A recent opinion from the Eastern District of Virginia, UNITED STATES v. 0.1785 acres of land, involves an attempt by landowners' counsel to get the condemning authority's rebuttal witnesses excluded. The landowners argued that the opinions of the United States’ engineer and appraiser rebuttal experts were inadmissible because they addressed only "general benefits" rather than [...]
A landowner may only face one takings case in their life, but those of us in right of way deal with challenging and changing areas of the law every day. The more difficult the acquisition process becomes, the more training right of way professionals require in order to perform effectively. This is why we [...]
The Supreme Court's 2019 decision in Knick v. Township of Scott eliminated the requirement to exhaust state remedies before bringing federal takings claims, but what it did not do is offer a second bite at the apple to takings plaintiffs. The recently decided case of Warner v. City of Marathon may serve as a cautionary [...]
This week we have a somewhat unusual case, where the Virginia Supreme Court has struck down a statute that does not on the face of it purport to involve the use of eminent domain power, as a violation of Article I, Section 11 of the of the Virginia Constitution, which we usually think of as [...]
As a certain horror writer often says -- welcome back constant reader -- this time to a story where opposing counsel tries to take advantage of a somewhat obscure code section that you need to be aware of if you are settling condemnation matters in Virgina. (However, unlike horror stories, this one has a happy [...]
Earlier this month, the Court of Appeals of Texas, Fifteenth District, Austin, issued its opinion in a dispute between the Texas Parks and Wildlife Department (“TPWD”) and a white-tailed deer breeder. (Editor's Note: I can’t say I had personally ever heard of anyone breeding white-tailed deer before reading this opinion, as in Virginia and North [...]