Eminent Domain & Land Use

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Easements by Estoppel in Virginia

The theory of easements by estoppel may be an invaluable tool in a property dispute. Each of the many other theories available to a land owner to establish an easement comes with its own challenges. Express easements must be found in the deed or chain of title; easements by prescription require over twenty years of continuous and exclusive use with the acquiescence, but not the ...
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Vandeventer Black Keeps Leaving an Imprint in the Hampton Roads Community

The Firm has raised more than $82k for United Way of South Hampton Roads in 5 years Vandeventer Black joined efforts with the United Way of South Hampton Roads 2017 Annual Campaign. This year, the firm raised a total of $17,260 through employee contributions, and sponsorships. This amount will help provide: ·  3,718 meals for children and adults in shelter ·  77 weeks of therapeutic ...
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Valuing Rights Taken

The applicable measure of damages in a condemnation proceeding for the court and jury is the DIFFERENCE between the fair market value of the ENTIRE TRACT immediately prior to the taking and the fair market value of the REMAINDER immediately after the taking.  The only situation in which the fair market value of the property taken can exceed the difference between the fair market value ...
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TENTANT RIGHTS

Valuation of Temporary Easements

Typically, the principles and techniques applied in appraising the land taken in an easement acquisition are the same as those applied in other condemnation appraisals.  J.D. Eaton, MAI, SRA, Real Estate Valuation in Litigation (1995).  Under the before and after rule, the appraiser simply values the property before and after the easement acquisition.  The measure of damages is the loss of salable utility to both ...
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TENTANT RIGHTS

Valuation of Temporary Easements

Typically, the principles and techniques applied in appraising the land taken in an easement acquisition are the same as those applied in other condemnation appraisals.  J.D. Eaton, MAI, SRA, Real Estate Valuation in Litigation (1995).  Under the before and after rule, the appraiser simply values the property before and after the easement acquisition.  The measure of damages is the loss of salable utility to both ...
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New Restrictions on Mechanic's Lien in Virginia

New Restrictions on Mechanic’s Lien in Virginia

Authored by attorney James R. Harvey The 2013 Virginia General Assembly passed a new law further complicating Virginia’s mechanic’s lien laws. The bill, which passed with wide support in the House of Delegates and Senate amends Va. Code §43-3 to now prohibit liens by those without a valid Virginia contractor’s license. “A person who performs labor without a valid license or certificate issued by the ...
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