Blog: Opinions & Observations

Can I Recover Damages if a Dam Removal Causes My Lake or River to Disappear?

July 13, 2026

There are over 3,500 active dams in Virginia. Many of those dams create beautiful waterbodies such as lakes and rivers. Most of these artificially created lakes and rivers have existed for decades. It is not always obvious which waterbodies are naturally occurring and which ones were created by dams.As a result, hundreds of Virginia residents have purchased waterfront homes on the shores of artificially created waterbodies. Waterfront homes are highly...

How to Appeal an Approved Jurisdictional Determination (AJD) issued by the Army Corps of Engineers

November 19, 2025

Wetlands are highly protected under both federal and state law.  This is because wetlands provide many critical benefits. For example, wetlands act as giant sponges, soaking up stormwater and helping with flood control. They also filter out pollutants as water flows from the land into the rivers and seas, improving water quality.  And of course, wetlands provide a habitat for many types of plant and animal life.However, despite all of their benefits, the...

Restrictive Covenants Prohibiting Short-Term Rentals Upheld by Virginia Court of Appeals

March 07, 2024

Short-term rentals such as those listed on sites like Air B&B and VRBO are becoming more and more common across the Commonwealth. However, short-term rentals are controversial.  On one hand, they offer vacationers or business travelers an alternative to traditional hotels. They also provide an income source to homeowners who can rent out their homes (or portions of their homes) for short periods of time.  On the other hand, many of the short-term rental...

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

July 07, 2023

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...

Virginia Law and Regulation Regarding Dam Safety

June 23, 2022

Virginia is home to over 10,000 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]  As will be explained below, this number does not include a great many dams which are excluded from state regulation, so the actual...

How Do I Seize Assets after I Win a Civil Lawsuit?

May 19, 2021

Many people assume that if they prevail in a civil court case and the Judge enters a judgment order against the Defendant, the successful Plaintiff will automatically get paid.  Unfortunately for many successful Plaintiffs, winning the lawsuit is just the first step in recovering the funds which they are owed.When a Defendant loses a civil case and has a judgment entered against her/him, she/he is known as a “judgment debtor.”  The successful Plaintiff is...

How to Build a Pier in Virginia: Five Things Waterfront Property Owners Need to Know

April 01, 2020

Why Build a Pier?With spring in the air and summer fast approaching, many waterfront property owners have contacted our waterfront law team asking about the legal hurdles involved in constructing or expanding a pier or dock in Virginia.  Having a pier attached to your waterfront property is highly desirable. Not only does it increase the property value of your home, but it also allows you to make the most of your waterfront location.  A high-quality pier...

How do I Recover Money Damages If I’ve Been Injured in An Act of International Terrorism?

September 16, 2019

As tensions between the United States and Iran continue to escalate and ISIS seems to be once again on the rise in Afghanistan, several people have asked me what legal remedies exist for victims of international terrorism and/or their families.  Under current law there are three possible avenues to recover money damages if you or your loved ones have been injured or killed by an act of international terror.Bring suit against a “state sponsor of terror”...

What to Do if You Have Been Charged with a Tidal Wetlands Violation

April 11, 2019

In Virginia, wetlands are protected by law.  The Virginia Marine Resources Commission (VMRC), working in in close coordination with the Department of Environmental Quality (DEQ) and local Wetlands Boards, have the responsibility to preserve and prevent the destruction of tidal wetlands while also accommodating necessary economic development in a manner consistent with wetlands preservation.  Va. Code §28.2-1301(B).Construction activities in tidal wetlands...

Waterfront Property Owners: Riparian Rights vs. Oyster Aquaculture Companies

June 06, 2018

Riparian property rights are the reason that people pay extra to live “on the water”.   A previous article from June 2013 explains why riparian property rights command such great value.   The homes on Sandfiddler Road in Sandbridge, Virginia, give a practical example that further proves the premium value that the market attaches to riparian property rights.  Up and down the five miles of Sandfiddler Road, the homes on the east side – the side facing the...