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...
Read MoreHow 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...
Read MoreNew Laws in Virginia Effective July 1, 2025
June 25, 2025
Here is my annual summary of bills that will become law in Virginia on July 1st and a brief explanation of how they came about. The legislature sent 916 bills to Governor Youngkin. Initially, he signed 599 bills, amended 159 bills, and vetoed 157 bills. The budget (HB1600) was returned with 205 amendments and eight items vetoed. When the General Assembly reconvened, the House voted to lump most of the Governor’s 95 vetoes into a single block. Of those, 82...
Read MoreCivil 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...
Read MoreNew Laws in Virginia Effective July 1, 2022 and Highlights of Other Proposed Bills
June 30, 2022
Unlike last year when one party controlled the Senate, House and Governorship, bi-partisan agreement was required for any bill to be passed into law this year. Virginia has over 700 new laws. 841 bills were sent to the Governor. The ones not approved by the Governor were either vetoed or sent back for more study. Most new laws take effect on July 1, 2022.This summary offers a highlight of some of the new laws and a brief list of bills that were proposed...
Read MoreVirginia 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...
Read MoreJanuary 29, 2021
Not every legal issue results in high octane litigation. Not every lawsuit is appealed to and decided by a state’s highest court. Nor does every case achieve celebrity status. However, every so often a novel legal issue does just that. In December of 2020, the Supreme Court of Virginia decided a unique legal issue that had been the subject of prolonged litigation and has since received international recognition. The case, Johnson v. City of Suffolk,...
Read MoreBrown Water Seamen and the Stowaway Virus: Coronavirus Precautions
April 23, 2020
When one thinks of the seamen of old or of modern times, images of sailing across the deep, blue ocean between continents on wooden sailing ships or, perhaps, making long voyages on ultra-large container vessels comes to mind. These “blue water” seamen, however, constitute only a small fraction of the crews that work onboard the vessels that make our economy run. Most vessels ply the waters closer to home, including tug boats, tow boats, pilot boats,...
Read MoreEvaluating Recent Legislative Efforts to Reform Oyster Leasing in Virginia
April 23, 2020
In January of 2016, the Virginia Marine Resources Commission, concerned about reports of conflicts in the Lynnhaven River system between oyster farmers harvesting from leased grounds and upland property owners, boaters, and other users and about proposed legislation that would have instituted a moratorium on new leases within that river system, formed a working group to review the matter and make recommendations about how to address the conflicts. Very...
Read MoreHow 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...
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