What has to be included in your title report in if you want to proceed to condemnation of a property in Virginia? This important but somewhat arcane technial point has been the subject of quite a bit of legislative change and litigation in Virginia in the last couple years. This year's General Assembly session has [...]
Eminent domain and right of way entail a constant balance between the public need and private property rights. However, from our perspective, conferences and continuing education courses have in more recent years tended to focus on one side--the landowner’s side--rather than the side where the day-to-day work is performed that gives us infrastructure projects, i.e. [...]
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 [...]