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 [...]
The arrival of spring heralds the end of the regular session for Virginia’s legislature. While the General Assembly will return for a veto session in a few weeks (and may be forced to return for a special session if budget issues are not ironed out), the end of the regular session is a good opportunity [...]
If you claim to have an implied easement, do you have to prove the actual location of the easement on the ground? Yes, you do, as the Virginia Court of Appeals recently found in Morris v. Parker, 2024 Va. App. LEXIS 28, affirming the defense win in the trial court. Credit for the win at [...]
The Supreme Court of Virginia has yet to make a formal ruling on ‘visibility’ in the context of just compensation, leaving landowners, litigators, and right-of-way professionals an open question that regularly arises but is difficult to solve. The closest the Supreme Court of Virginia Court has perhaps come to ruling on visibility is in the [...]
Did you know that you can lose your real property if you wait too long to deal with someone else using your property without your permission? Stated differently, did you know that if you have been using someone else’s property for long enough in a particular way, you can gain title to property you do [...]
Wetlands are a particularly important and fragile ecological resource. In recognition of that, the federal government has long interpreted the Clean Water Act broadly to protect not only wetlands that are directly connected to traditional waterways but also those more remote wetlands that have some connection to such waterways. In Sackett v. EPA, the Supreme [...]
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 [...]
This has been a relatively sparse year for reported appellate eminent domain cases in Virginia. However, this last week I had the honor of presenting the eminent domain section of the Federal and State Caselaw Update at the Virginia Local Government Attorney's Association Fall Conference. The following are excerpts of some of the [...]
Chances are, you’ve never heard of Craig’s Creek. It’s a small stream—barely a trickle when compared to the creeks in eastern Virginia—nestled in the mountains of Craig County. It serves as a tributary of the James River and as a venue for kayakers but not much else. It is crossed by a few road bridges [...]
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 [...]