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Inverse Condemnation of Oysters, Oyster Leases and Oyster Beds. Say What???

Your hosts examine the recent Virginia Supreme Court case of Johnson v. City of Suffolk and the Hampton Roads Sanitation District where the Court ruled on whether two Virginia agencies were responsible for condemning oysters, oyster leases and oyster beds because of pollution in local rivers. Frequent PLP commentator Robert Thomas of the Pacific Legal Foundation weighs in on behalf of the watermen. Ross Greene, the current Chair of Pender & Coward’s Eminent Domain / Right of Way Practice Group and editor of an eminent domain blog “” argued the case before the Virginia Supreme Court on behalf of the City and offers his theories. Which way did this landmark decision go?