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, [...]
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 [...]
Each July, in addition to heat and fireworks, Virginians get to enjoy a slate of new laws going into effect from the past year’s General Assembly session. This year, two bills in the eminent domain realm merit mention. The first, Senate Bill 1260, simplifies the process for condemning authorities making use of the quick take [...]
The U.S. Supreme Court issued its opinion on Penneast Pipeline Co., v. New Jersey on June 29, 2021. In its 5-4 decision, one surprisingly not split across party lines, the Court addressed whether it is constitutional for the Federal Government to grant a pipeline company authority to condemn necessary rights-of-way in which a State [...]
Owners of undeveloped land in condemnation cases sometimes try to increase their award by arguing that the project has damaged their land by limiting its development potential. As part of that argument, they often try to introduce into evidence proposed site plans or other drawings showing how the property could have been developed before the [...]