July 2024

Function Controls Over Form When Evaluating Permit Conditions

By |2024-07-23T01:40:26+00:00July 23rd, 2024|Affordable Housing, Eminent Domain, Governments, SCOTUS|

Land development often comes with certain externalities.  For instance, a new housing development may increase traffic on the roads surrounding the development, increase the number of children served by the area schools, or increase the demand on public utilities in the area.  To deal with that, the locality in which new development is located may [...]

May 2024

Sovereign Immunity Remains Alive and Well in Virginia: Page v. Portsmouth Redevelopment & Hous. Authority

By |2024-05-07T14:35:03+00:00May 7th, 2024|Affordable Housing, Sovereign Immunity, Virginia Law|

On June 20, 2023, the Court of Appeals of Virginia (the “CAV”) issued, in an unpublished decision, Page v. Portsmouth Redevelopment & Hous. Auth., No. 0175-22-1, 2023 Va. App. LEXIS 407 (2023). In the underlying circuit court case, H. Cliff Page (“Page”) challenged the Portsmouth Redevelopment and Housing Authority’s ("PRHA") role in demolishing a building [...]

December 2021

Affordable Housing as the Next Battleground for Eminent Domain Takings

By |2021-12-09T02:53:26+00:00December 8th, 2021|Affordable Housing, Eminent Domain|

It comes as no surprise given the current state of the affordable housing market across America, that some government entities are looking for solutions using every tool available to them, whether previously used or never tried before. Attention grabbing headlines out of Los Angeles and New York have some eminent domain lawyers wondering if [...]

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