http://hamptonroads.com/2010/07/lightrail-bridge-piling-private-land-lawsuit-alleges
This will be interesting how things turn out. Unfortunately not all the information about the case has been published in the paper due to the suit filed.
estoppel? maybe.
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It looks like they (HRT) tried to mitigate their err and were refused or ???
suit happy Realtor? probable
dumb mistake by not having it surveyed? probable.
like you said not enough info..
It seems like it would be futile to estimate damage from an underground footing.
That's what I was thinking. Estoppel by Silence. But it would be interesting to have a chronology of when things happened, who was aware and when the eminent domain was filed. Obviously afterwards....but still...not enough info.
I would have thought that the areas of piles to be driven and easement acquisition (meaning lack thereof) would be the culprit ....along with probably many other things.
Estoppel Does Not Apply
It is hard to make a case that someone saw something that is still hidden.
The right of eminent domain is still in effect in that the land can be taken, but damages are due for the tresspass to date. But even at triple the value is still small.
In any case the lawyers will make out OK.
Paul in PA
Estoppel Does Not Apply
That is why more info is needed as stated above.
It seems that the machinery used in construction would have seriously be noted by the land owner even if it was his investment property.
It looks like a temporary construction easement was also needed for sure.
You can't say that it does not apply.
That pile/footing did not just show up there overnight.
Not enough info.
Estoppel Does Not Apply
That article says the piling was driven at an angle and implies the encroachment is entirely subsurface. I'd have to agree that estopple would not apply under those circumstances.
As soon as Hampton Roads Transit offers the litigant enough money to satisfy his attorney the case will disappear.
Interesting article, thank you for the post.
Have a great weekend.
My guess is that the plaintiff is going to get a settlement and it will be far less than he expects.
The value of the subterranean easement will be determined by a certified appraiser. It will seem shockingly low to those not experienced with them. The challenge to the authority on the eminent domain issue is just a smokescreen.
The only hope of the plaintiff is to get something for the trespass but I don't see much there either.
But an award of legal fees will make the lawyer happy, and what else is this about?
