On-Demand Webinar | Eminent Domain in 2020: A Year in Review
[WEBINAR] Creating an Accessible City
On Tuesday, the Court of Appeals of Virginia issued a significant decision concerning easements in Barr, et al. v. Garten Development, LLC. The Court held that where a deed that released “easements” conveyed by a previous...more
Yesterday, the Court of Appeals of Virginia held that, in order to establish an implied easement, a party must prove the physical location of the easement. In Thomas E. Morris, et al. v. Anthony Heath Parker, et al., Record...more
Adding another chapter to the legal controversies that continue to rage over the siting of new gas pipelines, on September 10, 2019 the Third Circuit upheld the State of New Jersey’s sovereign immunity objection to the...more
The Pennsylvania (PA) Supreme Court issued its unanimous decision on August 20 in PPL Electric Utilities Corp. v. City of Lancaster, invalidating a municipality’s efforts to impose annual fees on utilities to occupy public...more
Calif. Appellate Court Decision May Also Apply to Other Types of Water Providers - An irrigation district may adopt and enforce reasonable rules related to water service, and may terminate water delivery for failure to...more
Many public agencies and utilities have easements for water or gas pipelines or electric transmission lines. Those easements typically contain express rights to construct, operate, and maintain the facilities, including...more
Construction employers and general contractors are all too familiar with Scabby the Rat. The inflatable rat - appearing in sizes of up to a reported 30 feet tall - has infested construction job sites as part of trade union...more
A pair of orders by the 10th Circuit U.S. Court of Appeals in the litigation over the FCC’s controversial small cell order were issued Thursday. ...more
The Appeals Court’s recent decision in Maslow v. O’Connor at first glance appears straightforward. The holding reiterates a familiar tenet of Chapter 91 licensing – that a Chapter 91 license doesn’t affect pre-existing...more
In Defenders of Wildlife v. Zinke, the U.S. Court of Appeals for the Ninth Circuit upheld the Biological Opinion prepared by the U.S. Fish & Wildlife Service to assess the impacts on the threatened desert tortoise from the...more
When a business is taken as a result of a public improvement, the business is entitled to seek compensation for, among other things, loss of business goodwill. Typically, this loss is calculated by measuring the business’...more
In an interesting decision last week, the 9th Circuit Court of Appeals rejected challenges to BLM’s decision to issue a right-of-way permit for Tule Wind’s plan for a wind farm southeast of San Diego. It’s not exactly...more