We have spent years addressing, solving and sometimes litigating creative and novel theories in the right of way field. While sympathetic articles appear daily on behalf of affected landowners, precious little is offered from the agency’s perspective. The purpose of this page is to summarize our observations and opinions from our clients’ point of view.
MOST RECENT ARTICLES
Is a Pretextual Taking Invalid? Not if you say it is for a park.
The first paragraph in Brinkmann v. Town of Southold, 2024 U.S. App. LEXIS 5994 (2nd Cir. 2024), may have gotten some takings mavens excited about pretextual takings, [...]
2024 Virginia Eminent Domain and Infrastructure Legislative Update
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 [...]
A Plateful About Louisiana Oyster Leases: CFC Dismisses Alleged Takings Case
We just came back from a meeting of the International Governing Council of the International Right of Way Association in New Orleans, so it seems appropriate to [...]