Attorneys

FRANCIS A. CHERRY, JR. (Sandy)

804-592-4176
scherry@rbcvlaw.com

Education

Vanderbilt University Law School, J.D.
Denison University, B.A. with high honors

Overview

Partner. Trial practice with emphasis on condemnation, real estate and state legislative practice. In 2003, served on a panel of attorneys advising the Virginia Code Commission regarding the recodification of the state eminent domain code.

Experience

Randolph, Boyd, Cherry & Vaughan, PLC, Richmond, VA, 1979-present

• Principal and founding partner

Randolph and Cherry, Richmond, VA, 1976-1979

• Principal and founding partner

Commonwealth of Virginia, Richmond, VA, 1972-1976

• Assistant Attorney General and counsel for Virginia Department of Highways

Admitted

All Virginia State Courts
U.S. District Court, Eastern District of Virginia
4th U.S. Circuit Court of Appeals

Memberships

American Bar Association
Virginia State Bar
Richmond Bar Association
Local Government Attorneys of Virginia
International Right of Way Association

Presentations and Publications

Lectured and taught, both in Virginia and nationally (over 50 seminars and Continuing Legal Education units on the subject of eminent domain).

Sample Presentations

"Update Eminent Domain Statutes," Virginia CLE, Eminent Domain, 2021

“Evolving Issues in Eminent Domain,” CLE International, Eminent Domain, 2015

“Valuation in Eminent Domain,” Virginia CLE, Eminent Domain, 2018

“The Status of Eminent Domain Law in Virginia: Recurring Topics and Latest Trends,” Local Government Attorney Fall Conference, 2018

"Right to Take Hearings - Condemnor's Perspective," ALI-ABA Annual Seminar, Eminent Domain, 2014

"Lost Profits: Charting New Territory," CLE International, Eminent Domain, 2014

"Courtroom Practice - The Essential Elements," CLE International, Eminent Domain, 2011

"Effective Voir Dire, Opening and Closing" and "Condemnor's Case Plan - An Overview," ALI-ABA Annual Seminar, Eminent Domain, (co-presenter), 2011

"Avoiding Ethical Dilemmas and Traps," ALI-ABA Annual Seminar, Eminent Domain, 2010

"Ethical Issues that Impact your Daily Practice," ALI-ABA Annual Seminar, Eminent Domain, 2010

"Ethical Concerns for Condemnor's Lawyers" (with other attorneys), CLE International, Eminent Domain, 2009

"Motions Practice in Eminent Domain Cases," CLE International, Eminent Domain, 2008

"Valuation in Eminent Domain," Local Government Attorney Spring Conference, 2008

"Proximity Damages" and "Appraiser Trial Preparation," CLE International, 2007

"Eminent Domain Updated - Recent Developments." (with other attorneys), Virginia CLE, 2006

"Real Property Acquisition and Eminent Domain Issues," Local Government Attorney's Fall Conference, 2006

"Kelo v. New London," Virginia Association of Counties, 2005

"Kelo v. New London - Judicial Yawn - Political Firestorm," Urban League of Hampton Roads, 2005

"Abuses and Successes of Eminent Domain Cases," Public-Private Partnership Forum, 2005

"Redevelopment and Other Land Use Acquisitions After Kelo v. New London," Richmond Municipal League Conference, 2005

"Eminent Domain in Virginia," Stewart Title Fall Seminar, 2005

"Appraiser and Attorney - Ethical Teamwork" and "Can Your Broken Appraisal Be Fixed?" ALI-ABA Annual Seminar, Eminent Domain, 2005

"Appraisal Quality - Lawyers' Perspective," America Association of State Highway Officials, 2004

"Ethics from Condemnor Counsel's Perspective, ALI-ABA Annual Seminar, Eminent Domain, 2004

"Eminent Domain 101 - The Very Basics from Condemning Authority's Viewpoint," Local Government Attorney Spring Conference, 2002

"Recent Legislative Changes in Eminent Domain Law Affecting Localities," Local Government Attorney Spring Conference, 2001

"Eminent Domain Practice Tips," Local Government Attorney Fall Conference, 1999

Publications

"Aftermath of the Property Rights Amendment," Journal of Local Government Law, 2013

"Kelo v. New London: Judicial Yawn - Political Firestorm," Journal of Local Government Law, 2005

"The Current Status of Eminent Domain Law in Virginia," Journal of Local Government Law, 2004

"Recent Legislative Changes in Virginia Eminent Domain Law," (co-authored with Bonnie M. Ashley), Journal of Local Government Law, 2001

"The Trial of a Condemnation Case," CLE outline updated (from 1962 original prepared by Armistead Boothe and Justice Charles Russell), 1980

“Eminent Domain Reform: The Virginia Way,” Co-Authored with James J. Knicely, Real Estate Law Journal, Vol. 45, Winter 2016

“Valuation,” Co-Authored with John K. Burke, Jr., Esq., Chapter 5,Eminent Domain Law in Virginia, Virginia CLE Publications, 2017

Reported Cases

State Highway Commissioner v. Hooker Furniture Corporation, 214 Va. 137, 198 S.E.2d 649 (1973)

State Highway Commissioner v. Easley, 215 Va. 197; 207 S.E.2d 870 (1974)

State Highway Commissioner v. Carter, 212 Va. 639, 222 S.E.2d 776 (1976)

County Board of Arlington County, et al. v. Commonwealth of Virginia Department of Taxation, 393 S.E.2d 194 (Va. 1990)

Carter v. County of Hanover, 255 Va. 160, 496 S.E.2d 42 (1998).

Richmeade v. City of Richmond, 267 Va. 598, 594 S.E.2d 606 Va., (2004)

Chesapeake Western Railway, et al. v. William H. Forst, et al., 938 F.2d 528 (1991)

Tucker v. Norfolk & Western Railway Company, 849 F.Supp. 1096 (1994)

Trial counsel for appellee in Palmyra Associates, LLC, et al. v. Commissioner of Highways, 851 S.E.2d 743 (2020)