The arrival of spring heralds the end of the regular session for Virginia’s legislature. While the General Assembly will return for a veto session in a few weeks (and may be forced to return for a special session if budget issues are not ironed out), the end of the regular session is a good opportunity [...]
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 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 [...]
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 [...]
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 [...]
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, [...]
A bill currently pending before the Virginia General Assembly would drastically increase the cost of public infrastructure projects by increasing condemning authorities’ liability for lost access and lost profits. The ominously numbered Senate Bill 666 accomplishes this by changing the definitions of those terms in the eminent domain statutes in a way that would greatly [...]
Few things seem to stir as much controversy among neighboring waterfront property owners as piers. Common complaints range from concerns about the impact of a proposed pier on a neighboring owner’s viewshed, impairments to navigation, and encroachment into another owner’s riparian area. When dealing with such disputes, it’s wise to get out in front of [...]
Given that this is a blog about eminent domain law, it should come as no surprise that the answer to the headline’s question is related to state property law. Until recently, both labor organizers and hunting dogs—or, more accurately, hunters who hunt with dogs—were beneficiaries of laws in different states that permitted them to access [...]