Fourth Circuit

No Liability For Locality for Easement the Locality Does Not Own: Fernaays v. Isle of Wight County, No. 23-2296 (4th Cir. 2025)

By Ross Greene|2025-12-16T03:34:09+00:00December 16th, 2025|Fourth Circuit, Inverse Condemnation, Virginia Law|

For a locality to be liable for failure to maintain an easement, does the locality have to hold the easement? Earlier this year, the Fourth Circuit Court of Appeals wrapped up an inverse condemnation case, Fernaays v. Isle of Wight County, No. 23-2296 (4th Cir. 2025), answering that question. The general thrust of the opinion [...]

Does Federal Rule of Civil Procedure 71.1(h) create a heightened evidentiary standard in federal eminent domain cases?

In eminent domain proceedings in federal court, Federal Rule of Civil Procedure 71.1(h) provides that "the court tries all issues" except for the amount of just compensation, which generally must be decided by a jury if "a party demands one." Appellate courts have not provided much guidance on the procedural aspects of Rule 71.1(h), until [...]

December 2025

No Liability For Locality for Easement the Locality Does Not Own: Fernaays v. Isle of Wight County, No. 23-2296 (4th Cir. 2025)

March 2025

Does Federal Rule of Civil Procedure 71.1(h) create a heightened evidentiary standard in federal eminent domain cases?