博客:意见 & 观察

New Controversial Virginia Law Aimed at Easing Broadband Expansion Challenged by Railroads

2023年7月31日

One of the goals of the recent federal investment in infrastructure is ensuring universal broadband internet access.  While the Virginia General Assembly was largely quiet on the eminent domain front this year, it did pass a bill to help facilitate broadband expansion efforts.  However, the new law has already come under challenge by a group of railroads, who argue, 除此之外, 法律没收了他们的财产却没有给予足够的赔偿.The...

Civil Liability for Property Damage, Death, or Injury Near Waterfront Property

2023年7月7日

One commonly asked question regarding waterfront property ownership is the extent of civil liability for property damage, injuries, or death occurring in the waterways adjacent to or on the property.  The answer to this question involves a complex interplay between Virginia state law (tort law) and federal law (admiralty and maritime law).  This article aims to provide a comprehensive understanding of the liability considerations for waterfront property...

2023年弗吉尼亚州的新法律

2023年6月26日

The Virginia Senate and House of Delegates met in January for a short session (45 days instead of 60 days) then again in April for a special session. Currently, 参议院由民主党控制, 众议院由共和党控制, 共和党人担任州长. 在两党之间分享权力, any proposed bill this year required bi-partisan approval to be passed into law.   这是一些新法律的摘要....

Custody Issues to Consider When Moving Outside of Virginia with Your Child

2023年6月5日

There are many circumstances to consider when moving to another state or country. 举几个例子, marriage, schools, 照顾孩子的问题, 与大家庭的联系, 以及新的工作或商业机会, 所有重要的人生决定都需要考虑吗.  However, the decision becomes more complicated when the moving party is a child’s custodial parent.  The move may substantially impact the child’s relationship with the other parent, mainly due to the...

在去太阳能之前要知道关于UCC留置权的什么

2023年5月15日

Residential solar power generation has increased dramatically in Virginia over the past several years. Solar panels are an attractive upgrade for homeowners looking to save on their energy bills, 保护环境, or both, but many are unaware that installing solar panels can create a lien on their property. Homeowners interested in installing solar panels should make sure to talk with a real estate attorney before doing so.太阳能的好处...

Importance of Assessing Jurisdictional Defenses at the Beginning of a Workers’ Compensation Claim

2022年12月29日

When an injured worker asserts that she suffered a workplace accident, that business must consider several items in its initial investigation of the claim.  Time is of the essence when the business is conducting this investigation, not only to preserve evidence but also to determine whether it could be a viable claim.  It is important for an employer to create a timeline of the alleged accident and the events that occur involving the injured worker...

最近的“常识”裁决有利于债权人

2022年8月3日

New Possibility for Successor Liability Claims Creditors are occasionally faced with a scenario where the debtor which owes the money has shut down its business and transferred all of its assets to a third party, 留下债务人判决证明. Virginia provides creditors with the opportunity to unwind certain transactions under its fraudulent and voluntary conveyance statues; if the creditor is successful, 资产被返还给债务人和委托人...

What to Expect if Sued for Inverse Condemnation in Federal Court

2022年7月18日

地方政府最常提起的是两种直接定罪案件, in which the locality goes to court to force the sale of property, 和反谴责案例, where the property owner sues the locality for allegedly taking property without going through the formal procedures, 在州法院.  In fact, 直到最近, it was almost impossible to bring an inverse condemnation suit in federal court against a locality because of the practical impact of two...

New Laws in Virginia Effective July 1, 2022 and Highlights of Other Proposed Bills

2022年6月30日

与去年一党控制参议院不同, 众议院和州长, bi-partisan agreement was required for any bill to be passed into law this year. 弗吉尼亚州有700多条新法律. 841份账单被送交总督. The ones not approved by the Governor were either vetoed or sent back for more study. 大多数新法律将于2022年7月1日生效.This summary offers a highlight of some of the new laws and a brief list of bills that were proposed...

弗吉尼亚州有关大坝安全的法律法规

2022年6月23日

维吉尼亚州有超过10个,000 miles of shoreline and many thousands of acres of water comprised of a large variety of differing types of waterbodies.  As a result, Virginia is also home to thousands of dams both public and private.  In fact, in 2018 there were over two thousand state-regulated dams in the Commonwealth.[1]下文将作解释, this number does not include a great many dams which are excluded from state regulation, 所以实际的...