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 [...]
The 15th Anniversary (if you only count in person events apparently) Virginia Eminent Domain CLE makes its return this year instead of at its usual venue, the Tides Inn in Irvington, at the significantly more shall we say accessible, Delta Bayfront Suites in Virginia Beach, April 28-29, 2022. My law partner Dave Arnold and I [...]
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 [...]
The Virginia General Assembly has now adjourned its regular session, and both bills that were previously described on this blog have survived, though in modified form. The changes to Senate Bill 666, previously discussed here, and Senate Bill 694, previously discussed here, will be discussed in more detail below. Senate Bill 666 The primary modification [...]
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 [...]
Given that this is a blog about eminent domain law, it should come as no surprise that the answer to the headline’s question is related to state property law. Until recently, both labor organizers and hunting dogs—or, more accurately, hunters who hunt with dogs—were beneficiaries of laws in different states that permitted them to access [...]
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 [...]
Eminent domain is an unusual area of the law, so unusual that in Virginia it is one of the very few areas that has its own specific form scheduling order promulgated by the the Supreme Court of Virginia in the appendices to the Rules of the Supreme Court of Virginia. The Supreme Court of Virginia [...]
When we launched a brand-new podcast in August of last year designed for people with an interest in the right-of-way industry, who would of thought it would have come this far this fast? The Pendulum Land Podcast is now in its second season and in the Top 100 on iTunes! We at RightofWay.law are particularly [...]