At the heart of every business relocation is the inventory and review of all on site property. Central to the relocation process is analysis of whether the material found on site is personal property, or whether it can be considered a “fixture.” It makes the relocation agent’s job more difficult that the demarcation between personal [...]
Back in March of this year, I published an article about how relocation agents and agencies are increasingly met with the threat of legal action. That article argued that relocation agents and agencies are not the proper target of litigation. Fortunately, the Virginia Supreme Court now appears to have agreed with that position. Fernandez v. [...]
It's official. In Virginia you cannot sue the displacing agency directly under the Virginia Relocation Assistance Act - the state counterpart to the federal Uniform Relocation Act. The Virginia Supreme Court issued its ruling today in Michael Fernandez, D.D.S., Ltd., a Division of Atlantic Dental Care, PLC v. Commissioner of Highways. The case [...]
What is a relocation agent to do when it’s time to conduct an initial interview with the owner of a displaced business and then gets the dreaded letter of representation from counsel? My first reaction is to scream, but that does not get the job done. Let me be clear at the outset: I have [...]
Attorneys appear more and more frequently in business relocation matters, much to the chagrin of project managers and right-of-way directors. Agencies and their directors work under staunch deadlines and sometimes face severe penalties if the right of way is not cleared on time. In an overwhelming majority of cases, attorney involvement frustrates (if not outright [...]
Just this week I got a nasty phone call from a displacee threatening to sue me, the relocation agent, for essentially doing my job. Why? Because the condemning authority (my client) required justifiable and proper documentation for the claim. Should I have to fear the prospect of costly litigation by performing my duties? Of course [...]
Condemning authorities have long taken the position that the federal Uniform Relocation Act--and by extension the Virginia Relocation Act—confer no private right of action on behalf of a displaced person. In other words, a business or citizen cannot sue the agency directly for relocation benefits if the displacee claims they are insufficient or have been [...]