Category: News & Events
June 25th, 2013 — In News & Events
SCOTUS Confirms Property Rights Are Civil Rights Deserving the Highest Constitutional Protections in Koontz v. St. Johns River Water Mgmt Dist
The Supreme Court issued its decision today in Koontz v. St. Johns River Water Mgmt District, No. 11-1447 (cert. granted Oct. 5, 2012), holding that the “essential nexus” and “rough proportionality” standards established by Nollan and Dolan apply not only to exactions for land as a condition for land use permits but also to the government’s demand for money in exchange for permitting.
June 13th, 2013 — In News & Events
Eight Owners’ Counsel of America Attorneys Recognized as “Lawyers of the Year”
OCA wishes to congratulate its 8 member-attorneys who have been recognized as 2013 “Lawyers of the Year” by The Best Lawyers in America® 2013 (Copyright 2012 by Woodward/White, Inc., of Aiken, SC). Best Lawyers®, the oldest lawyer-rating publication in the U.S., honors only a single lawyer in each practice area and designated metropolitan community as “Lawyer of the Year,” making this honor particularly significant.
May 8th, 2013 — In News & Events
Texas Appeals Court: Property Owner Properly Pled A Valid Inverse Condemnation Claim
Recently, the Texas Court of Appeals, Third District, issued a memorandum opinion in an interlocutory appeal from a trial court’s denial of the City’s plea to the jurisdiction relating to inverse condemnation claims for flooding. (A plea to the jurisdiction challenges the court’s authority to decide a case.)
April 25th, 2013 — In News & Events
OCA Files Amicus Brief in Support of Wyoming Landowner in “Rails-to-Trails” Takings Case Seeking SCOTUS Review
Today, the Owners’ Counsel of America (OCA) filed an amicus curiae brief in support of the landowner in Marvin M. Brandt Revocable Trust v. United States (12-1173) urging the United States Supreme Court to review a Tenth Circuit Court of Appeals decision in United States v. Brandt, 2012 WL 3935613 (C.A.10 (Wyo.)) which erroneously found that the federal government retained an “implied reversionary interest” in railroad rights of way granted under an 1875 Congressional Act.
April 25th, 2013 — In News & Events
OCA Files Amicus Brief in “Rails to Trails” Takings Case Seeking Review by the U.S. Supreme Court
The Owners’ Counsel of America (OCA) has filed an amicus brief in support of the landowner in Brandt v. United States (12-1173) urging the United States Supreme Court to review the decision of the Tenth Circuit Court of Appeal and resolve a “circuit split” concerning whether the United States has a reversionary interest in railroad rights of way crossing privately-owned lands under a 1875 Congressional Act.
April 22nd, 2013 — In News & Events
Brigham-Kanner Property Rights Conference Celebrates A Decade of Success in Promoting Exchange Between Legal Scholars and Members of the Bar
The 2013 Brigham-Kanner Conference will take place October 17-18 at William & Mary School of Law in Williamsburg, Virginia. The 2013 Conference marks ten years that members of the bench, bar and academia have come together to explore recent developments in takings and property law and discuss the importance property rights plays in American society.
April 16th, 2013 — In News & Events
New Journal of Law and Courts Debuts with a Discussion of the Link Between SCOTUS Takings Jurisprudence and Ideology
The University of Chicago Press and the Law and Courts Section of the American Political Science Association has published the inaugural volume of the new Journal of Law and Courts (JLC). The JLC is an interdisciplinary, peer-reviewed journal covering a wide-range of topics devoted to the examination of legal institutions, actors, processes and policy.
April 10th, 2013 — In News & Events
10th Annual Brigham-Kanner Property Rights Prize Recipient Announced: Columbia Prof. Thomas W. Merrill
William & Mary School of Law recently announced that Columbia Law School Professor Thomas W. Merrill will receive the 2013 Brigham-Kanner Property Rights Prize at the 10th annual Brigham-Kanner conference October 17-18, 2013, in Williamsburg, Virginia.
April 3rd, 2013 — In News & Events
Alabama’s New “Jobs” Law: Two Steps Backward For Property Rights
Last month Alabama Governor Robert Bentley signed into law SB96, titled the “Major 21st Century Manufacturing Zone Act.” The law allows any Alabama city to create a “manufacturing” tax increment financing, or TIF, zone for a number of industries including automotive, aviation, medical, pharmaceutical, semiconductor, computer, electronics, energy conservation, cyber technology and biomedical but requires any municipality wishing to create a TIF zone under the law to invest at least $100 million on a site larger than 250 contiguous acres.
March 26th, 2013 — In News & Events
Proposed Legislation Seeks to Amend New Jersey’s Redevelopment Law Limiting the Abuse of Eminent Domain
New Jersey has taken one step forward toward updating its redevelopment laws and enacting legislative protections for private property owners. Earlier this month the New Jersey Senate Community and Urban Affairs Committee advanced legislation that would be the first update to the state’s eminent domain laws since the landmark U.S. Supreme Court decision Kelo v. City of New London, 545 U.S. 469 (2005), in which the Court ruled that the use of eminent domain for economic development is permitted under the “public use” provision of the 5th Amendment.