The Supreme Court of Virginia has yet to make a formal ruling on ‘visibility’ in the context of just compensation, leaving landowners, litigators, and right-of-way professionals an open question that regularly arises but is difficult to solve. The closest the Supreme Court of Virginia Court has perhaps come to ruling on visibility is in the [...]
Anyone who testifies regularly as an expert witness, will be expected to, or is responsible for obtaining expert reports that may be used in litigation, should know what is expected as far as the quality of expert reports in the jurisdiction in which they are working in order to avoid having reports excluded. In the [...]
Did you know that you can lose your real property if you wait too long to deal with someone else using your property without your permission? Stated differently, did you know that if you have been using someone else’s property for long enough in a particular way, you can gain title to property you do [...]
In a new article type for our blog - which we're calling "Right of Way Reads" - we'll be offering a potpourri, a word salad if you will, of short form topics in the same article, things that might otherwise not need an entire article and be more suitable for a certain short form [...]
Wetlands are a particularly important and fragile ecological resource. In recognition of that, the federal government has long interpreted the Clean Water Act broadly to protect not only wetlands that are directly connected to traditional waterways but also those more remote wetlands that have some connection to such waterways. In Sackett v. EPA, the Supreme [...]
In preparing to speak at the recent VDOT consultant's conference, my law partner Dave Arnold and I put together an outline of some tips and techniques for succeeding as an expert witness, based on our years of experience handling experts in right-of-way matters. We previously posted Part I of this rather deep dive [...]
The 16th Anniversary Virginia Eminent Domain CLE makes its return this year again at the Delta Bayfront Suites in Virginia Beach, May 4-5, 2022. The conference agenda is available here. My law partner Dave Arnold and I will be presenting on two different interesting topics. I will be talking about standards for sound walls or noise [...]
In preparing to speak at the recent VDOT consultant's conference, my law partner Dave Arnold and I put together an outline of some tips and techniques for succeeding as an expert witness, based on our years of experience handling experts in right-of-way matters. We thought this one might also be of interest to [...]
[This blog post is based on an interview of Mayor Stephen Adler from Episode 60 of the Infrastructure Junkies podcast. For a full replay of the recording, listen here. Those familiar with me in the eminent domain/ right-of-way industry know that my cynicism towards many landowner attorneys runs deep and wide. We who represent condemning [...]
[For a more involved examination of this book check out the discussion with the author on the Infrastructure Junkies podcast.] One of the things that makes this nation such a wonderful place to live is our fabulous infrastructure system. We have reliable electricity, running water, sewage, cable TV, safe and reliable airlines, rails and roads [...]