This week we have a somewhat unusual case, where the Virginia Supreme Court has struck down a statute that does not on the face of it purport to involve the use of eminent domain power, as a violation of Article I, Section 11 of the of the Virginia Constitution, which we usually think of as [...]
We covered several of the changes the Virginia General Assembly made in its most recent session in SB1158 in our post last week. This week we're covering the rest of them. (The changes to 25.1-204 dealing with title reports that were made in HB1690 and SB1158 were covered in our post week before last here.) [...]
The Virginia General Assembly passed a number of different changes to Virginia’s eminent domain code this year, most of which are contained in SB1158. (The changes to 25.1-204 dealing with title reports were covered in our post last week here.) SB1158 makes a change to Va. Code 8.01-187. That code section already provides a statutory [...]
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 [...]
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 [...]
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 [...]
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 [...]