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 [...]
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 [...]
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 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 [...]
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 [...]
The Virginia Supreme Court issued its opinion in Hooked Group, LLC v. City of Chesapeake today, ultimately affirming the trial court’s dismissal of the landowner’s case. The facts of the case and contentions of the parties have been described previously on this blog here and here. In short, the landowner, Hooked Group, LLC, owned a [...]