Category: News & Events

Along our country’s shores, a historical legal principle known as the “public trust doctrine” allows members of the public to access the beach beyond either the mean high or low water mark, even where this section of the beach (as well as the land above the water mark) is private property. This is the law in most states; and, until recently, it was clear that the public trust doctrine did not – and was not intended to –provide local governments the authority to interfere with landowners’ rights in the “dry sand” areas of their private property.

The Owners’ Counsel of America wishes to congratulate eminent domain attorneys Joseph P. Suntum of Maryland and William G. Blake of Nebraska who were recently awarded the CRE® designation from the Counselors of Real Estate®. A Counselor of Real Estate (CRE) provides intelligent, unbiased real estate advice that achieves the best results for a client or employer. Joe and Bill join the more than 1,100 CREs worldwide, including 5 other OCA attorney-members (Casey Pipes – Alabama, Jack Sperber – Colorado, Dwight Merriam – Connecticut, Anthony DellaPelle – New Jersey, and Michael Rikon – New York). 

Beginning at 9:00 AM (Pacfic) today, the California Supreme Court will live-stream oral arguments in an important eminent domain and property rights case, Property Reserve, Inc. v. Superior Court, case number S217738.  This is the case in which the Third District Court of Appeal held that a request made by the California Department of Water Resources (DWR) to enter private property to undertake geological and environmental activities such as boring holes and installing permanent structures were not the “innocuous” or “superficial” activities permitted under California’s “entry statute.”  (See our previous post here.) The Court of Appeal found that the level of intrusion on private property requested by DWR would be a taking, and that in order to undertake those activities, the DWR must follow eminent domain procedures.  OCA together with the the National Federation of IndependentBusiness (NFIB) Small Business Legal Center filed an amici curiae brief in support of Sacramento-San Joaquin Delta property and business owners who objected to the DWR’s proposed testing and pre-condemnation activities. (The OCA-NFIB brief is linked below.) 

Owners’ Counsel of America wishes to congratulate OCA Members Anthony F. DellaPelle and Edward D. McKirdy, partners with McKirdy & Riskin, PA, on the honor of being included in the Top 100 2016 New Jersey Super Lawyers, a distinction both have earned annually since 2009.  Anthony DellaPelle is the New Jersey member of Owners’ Counsel of America (OCA) and serves on OCA’s Board of Directors.  Edward McKirdy is an Emeritus Member of OCA, having represented the State of New Jersey for over a decade in OCA’s nationwide eminent domain lawyer network. 

“Nobody’s gonna remember how long it took. They’re only gonna look and see that it was done.” – New York Mayor Michael Bloomberg, on the use of eminent domain to build the Barclays Center sports arena and mixed-use development in Brooklyn While attending an eminent domain CLE In 2011, we previewed a “rough cut” of a documentary film chronicling the story of Brooklyn property owner, Daniel Goldstein, and his neighbors as they struggled to save their homes, businesses and community in the heart of Brooklyn from being taken by eminent domain for the Atlantic Yards Project, a massive real estate development project including 16 skyscrapers and a basketball arena for the New Jersey Nets.  This award winning film, Battle for Brooklyn, made the Academy Awards Shortlist for Best Documentary in 2012 and will be screened at the Jacksonville Documentary Film Festival, Sunday, April 17, 2016 at 1:00 PM at Sun-Ray Cinema. About the Film BATTLE for BROOKLYN “Battle for Brooklyn” is a close-range look at a community’s seven-year fight to stop the use of eminent domain to take their homes and businesses for the construction of a mixed-use development including a basketball arena for the New Jersey Nets and commercial towers. The film is a compelling story about the abuse of eminent domain and how this awesome power intended for the public good can destroy a community The film follows Daniel Goldstein, a property owner turned activist, whose apartment sits at what would be center court of the new arena. He is dragged into the fight because he simply can not believe that the […]

The William & Mary Property Rights Project recently announced that Peruvian economist Hernando de Soto, president of the Institute for Liberty and Democracy (ILD), will receive the 2016 Brigham-Kanner Property Rights Prize at the 13th annual Brigham-Kanner Property Rights conference October 2016.  The Property Rights Project also announced its cooperation with the Grotius Centre for International Legal Studies of Leiden Law School and plans to host this years event in The Hague.  

The Owners’ Counsel of America is pleased to announce that Manhattan eminent domain lawyer Michael Rikon, the New York representative to OCA, recently received a CRE® designation from the Counselors of Real Estate®. Mr. Rikon, a partner at Manhattan-based Goldstein, Rikon, Rikon & Houghton, P.C, has practiced law in New York since his admission to the Bar in 1969.  Of the more than 1,100 CREs worldwide, Mike is one of the approximately 50 who are practicing attorneys. Mike Rikon entered private practice in 1980 and has since focused his practice on representing private property owners in eminent domain and real estate matters across New York state. Goldstein, Rikon, Rikon & Houghton, P.C limits its practice to eminent domain and condemnation law assisting landowners throughout the state of New York. Mike frequently lectures on topics related to eminent domain, just compensation and property rights. His articles on condemnation and real property law are published in the New York Law Journal, Practical Real Estate Lawyer and other legal and scholarly journals.  He also regularly contributes to his firm’s blog “Bulldozers at Your Doorstep.”  More about Mike’s professional experience is available on his OCA profile page and at www.grrhpc.com. Founded in 1953, the Counselors of Real Estate® is the membership organization established exclusively for real estate advisors who provide intelligent, unbiased, and trusted advice for a client or employer. Membership in The Counselors of Real Estate is on an invitation-only basis after a thorough review process.  CREs come from a wide array of professional backgrounds-from valuation, consulting, law, brokerage and asset management to development, investment, lending […]

OCA is pleased to announce that Alabama real estate and condemnation lawyer, Casey Pipes, was recently selected for membership in the association.  Mr. Pipes will succeed his partner, Warren C. Herlong, Jr., as the Alabama member of OCA.  Warren, a charter member of OCA  and former Director on OCA’s Board of Directors from 2013 to 2016, has been named as an Emeritus Member of the association.  

OCA is pleased to welcome eminent domain and property rights lawyer Jeremy P. Hopkins as the Virginia member of OCA’s nationwide network of eminent domain attorneys.  Mr. Hopkins succeeds his partner, Joseph T. Waldo, who was a founding member of OCA and who has been named as an Emeritus Member of the association. OCA is grateful to Joe Waldo for his years of dedication and commitment to OCA and to defending property owners. We look forward to continuing to work together with Joe and Jeremy in Virginia and across the United States to protect and preserve private property rights.

On January 30, 2016 Owners’ Counsel of America honored Oregon property rights, land use and condemnation attorney Donald Joe Willis with the Crystal Eagle Award for his advocacy over more than four decades on behalf of private property owners in land use, eminent domain and regulatory takings litigation throughout Oregon and nationally.