[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 [...]
In a previous blog post, we explained that landowners in Virginia were threatening to challenge a state statute that they say permits landowners to enter private property to retrieve hunting dogs as a taking of their property under the rationale announced in Cedar Point Nursery v. Hassid, 141 S. Ct. 844 (2020). We also warned [...]
This has been a relatively sparse year for reported appellate eminent domain cases in Virginia. However, this last week I had the honor of presenting the eminent domain section of the Federal and State Caselaw Update at the Virginia Local Government Attorney's Association Fall Conference. The following are excerpts of some of the [...]
Chances are, you’ve never heard of Craig’s Creek. It’s a small stream—barely a trickle when compared to the creeks in eastern Virginia—nestled in the mountains of Craig County. It serves as a tributary of the James River and as a venue for kayakers but not much else. It is crossed by a few road bridges [...]
The Virginia General Assembly passed two major eminent domain bills in its most recent term, the ominous Senate Bill 666, and the less ominously numbered but significantly more extensive Senate Bill 694. Condemning authorities, consultants, and their counsel need to be aware of these changes and to update their best practices, procedures, forms, and checklists [...]
The 15th Anniversary (if you only count in person events apparently) Virginia Eminent Domain CLE makes its return this year instead of at its usual venue, the Tides Inn in Irvington, at the significantly more shall we say accessible, Delta Bayfront Suites in Virginia Beach, April 28-29, 2022. My law partner Dave Arnold and I [...]
As previously discussed, the Virginia General Assembly has passed two major eminent domain bills this term: Senate Bill 666, which primarily expands the definition of lost profits, and Senate Bill 694, which, among other things, expands liability for costs in certain situations and expands liability for lost access. Rather than sign or veto the bills [...]
This article summarizes portions of the Infrastructure Junkies! podcast on the same subject. For a more in-depth discussion, visit the podcast episode here: Cemeteries, Human Remains and Property Rights: Everything You Need to Know! Most of us know that it is illegal to disturb a grave. The law applies to agencies and project managers involved [...]
The Virginia General Assembly has now adjourned its regular session, and both bills that were previously described on this blog have survived, though in modified form. The changes to Senate Bill 666, previously discussed here, and Senate Bill 694, previously discussed here, will be discussed in more detail below. Senate Bill 666 The primary modification [...]
A bill currently pending before the Virginia General Assembly would bring about a number of changes to condemnation procedures, the most significant of which may be the requirements for temporary construction easements. Under current law, a condemning authority in a quick-take case may include temporary easements in their certificate without a set end date. Thus, [...]