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

By |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 [...]