Eminent Domain

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Our Eminent Domain Team supports condemning authorities to provide the full range of eminent domain services from pre-project planning, right-of-way and acquisition services, to litigation, easement maintenance and defense of inverse condemnation actions.

With decades of direct experience representing local governments, authorities, utilities and the Commonwealth of Virginia, in many hundreds of condemnation matters, Sands Anderson has the breadth of experience to address right-of-way needs efficiently, and with the necessary expertise and, critically, experience and credibility to address landowners’ counsel and their experts (including appraisers and engineers).

Our capabilities include:

  • Pre-project planning as to legal requirements (including project budgeting and plan routing)
  • Addressing public use and necessity issues
  • Right-of-way negotiations and voluntary acquisitions (with appropriate lawyer oversight)
  • Eminent domain/condemnation litigation (including alternative dispute resolution)
  • Defending inverse condemnation claims (including drainage, noise and stormwater issues)

Representative matters including the following:

  • Representing a county in managing the acquisition of right-of-way involving over 100 parcels in connection with the acquisition and construction of a new sewage and water system partially along Interstate 64, which resulted successfully in no matters proceeding to a condemnation trial (and avoiding additional project costs).
  • Successfully defending an inverse condemnation action in which the corporate landowner sought to compel payment from the condemning authority with respect to increased drainage flowing from the right-of-way that traversed under its property.
  • Representing a development authority in its fast-tracked acquisition by litigation of easements and fee simple necessary to construct improvements to preserve a failing multistate water utility involving local, state and federal funds.
  • Defeating an inverse condemnation action in which the corporate landowner contended that decades of stormwater from the right-of-way had taken and damaged its property.
  • Litigating to conclusion hundreds of eminent domain matters on behalf of condemning authorities throughout the Commonwealth.

In addition to membership in the International Right of Way Association, team members are active within the Local Government Attorneys’ Association, have spoken at the Virginia Eminent Domain Conference, and co-authored the chapter on condemnation and transportation for the 8th edition of the Virginia County Supervisor’s Manual.

If you would like to speak to an attorney about an eminent domain issue you are facing, please contact a member of our Eminent Domain Team listed below.

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