A recent opinion from the Eastern District of Virginia, UNITED STATES v. 0.1785 acres of land, involves an attempt by landowners' counsel to get the condemning authority's rebuttal witnesses excluded. The landowners argued that the opinions of the United States’ engineer and appraiser rebuttal experts were inadmissible because they addressed only "general benefits" rather than [...]
What has to be included in your title report in if you want to proceed to condemnation of a property in Virginia? This important but somewhat arcane technial point has been the subject of quite a bit of legislative change and litigation in Virginia in the last couple years. This year's General Assembly session has [...]
A recent Virginia circuit court opinion in City of Waynesboro v. Hopeman Land Company serves as a cautionary tale for condemning authorities, emphasizing the importance of precision, planning, and adherence to statutory requirements. At the heart of this case was a common municipal objective: stormwater management. The City of Waynesboro identified a parcel of land [...]
Article I Section 11 of the Virginia Constitution provides in part that no property shall be taken or damaged except for public use and also provides that it is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue or economic development. The condemnor [...]
Is a claim to just compensation from eminent domain real property or personal property? Does a claim to just compensation transfer with the land or not? The answer may differ depending on various factors, including, among others, the jurisdiction in which the property is located, whether the claim stems from a formal eminent domain proceeding [...]
[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 [...]
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 [...]
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, [...]