[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 [...]
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 [...]
In August, we at RightOfWay.law launched a brand-new podcast designed for people with an interest in the right-of-way industry. The Pendulum Land Podcast is intended to be educational, informational, and most of all entertaining to those interested in eminent domain, right-of-way land acquisition or infrastructure development. Topics for discussion frequently include condemnation of real property [...]
Those of us in the right of way industry get a constant earful about the horrors of our profession. Politicians, members of the media and property rights activists all decry the concept of “eminent domain,” yet frequently ignore the importance of this tool to our economic vitality. A strong economy, jobs, and ultimately paychecks begin [...]
Attorneys appear more and more frequently in business relocation matters, much to the chagrin of project managers and right-of-way directors. Agencies and their directors work under staunch deadlines and sometimes face severe penalties if the right of way is not cleared on time. In an overwhelming majority of cases, attorney involvement frustrates (if not outright [...]
A pending proposed amendment to Virginia Supreme Court Rule 4:5(b) could have substantial impact on complex litigation in the Commonwealth of Virginia. More importantly, if this change is enacted, it may result in unintended effects in eminent domain cases, making what is already very costly litigation even more expensive. The Advisory Committee on Rules of [...]
Last December, we raised the question of whether condemnation of oyster leases as a result of the elevation of fecal coliform could result in a constitutional taking. Oyster leases have been a hot topic of discussion lately, particularly here in the Commonwealth of Virginia. Clearly they are at the epicenter of competing property rights and [...]
Many of us who live on the coast have a love affair with the oyster, those salty, umami-laden morsels that regularly appear on our plates, whether raw, steamed, grilled, or fried. Some of us are also familiar with the watermen and aquaculture industry that bring us our oysters. In many states, oysters grow naturally in [...]
In January of 2017, I participated in a relocation roundtable with four other presenters at the ALI-CLE Eminent Domain Conference in San Diego. As usual, I offered my perspective from that of the condemning authority’s point of view, which I thought was a reasonable and objective based on the text of the applicable law. [...]