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Category: News & Events

April 11th, 2014 — In News & Events

Missoula Files Condemnation Suit to Take Privately-held Mountain Water Hoping the Second Time Will be the Charm

Last week the City of Missoula, Montana filed suit in District Court seeking “a judicial determination entitling it to acquire by eminent domain Missoula’s privately-owned water supply and distribution system” – Mountain Water Company. The City has sought to purchase the utility from its parent company, the Carlyle Group for some time, however, the City’s most recent offer of $50 million and previous offer of $65 million were both rejected.

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April 4th, 2014 — In News & Events

OCA Welcomes New Colorado Member, Jack Sperber

We are pleased to announce that Jack Sperber, Esq., a partner in the Denver office of Faegre Baker Daniels, has been selected as the Colorado representative of the Owners’ Counsel of America. Jack succeeds his former partner, Leslie Fields, Esq., who retired from the practice of law at the end of March. Leslie will continue to be affiliated with OCA as an Emeritus Member.

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March 13th, 2014 — In News & Events

SCOTUS Brandt Decision Neither Derails Owners’ Takings Claims Nor Rails-to-Trails Conversions

On Monday, March 10, the Supreme Court ruled in favor of the landowner in Marvin M. Brandt Revocable Trust v. United States, No.12-1173 (Mar. 10, 2014), a rails-to-trails takings case. Writing for the majority, Chief Justice Robert’s clarified that the government, in this case the U.S. Forest Service, can not redefine commonly understood legal principles relating to real property and simply eliminate the property rights of landowners as a means to achieve its goal of expanding the National Trails System.

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February 28th, 2014 — In News & Events

Guest Post: TransCanada XL Route Through Nebraska is Ruled Unconstitional

Today we bring you a guest post authored by OCA Nebraska member-attorney, William Blake, a partner in the Lincoln office of Nebraska law firm Baylor Evnen. Bill discusses the recent Nebraska District Court ruling which struck down a state law that allowed the Governor to approve a route for the TransCanada Keystone XL pipeline to cross the state.

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February 21st, 2014 — In News & Events

A Virginia Jury Sides with Property Owners in Eminent Domain Trial, yet VDOT Wins?

Last week a Virginia jury awarded property owners $234,000 for property taken by Virginia Dept. of Transportation (VDOT) for a highway improvement project in Virginia Beach. While it appeared as a victory, unfortunately, it was not. While the jury came in with an amount of just compensation approximately $142,000 above the value VDOT presented at trial, it was $14,000 less than VDOT’s original offer and initial deposit in the case.

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January 14th, 2014 — In News & Events

Supreme Court Hears Oral Argument in Rails-to-Trails Property Rights Case Today

Today, the U.S. Supreme Court hears argument in Marvin M. Brandt Revocable Trust v. United States, No. No. 12-1173, a Rails-to-Trails takings case. At the core of the dispute between the landowner and U.S. Forest Service is the meaning of the term railroad “right of way” as used in the 1875 General Railroad Right of Way Act and whether the federal government retained an “implied reversionary interest” in railroad rights of way granted under the Act.

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December 16th, 2013 — In News & Events

Interview with Gideon Kanner, “A Fierce Advocate for Just Compensation”

The November/December 2013 issue of Right of Way magazine published by the International Right of Way Association features an excellent interview with our colleague, mentor, and friend, Gideon Kanner. True to Gideon’s “tell it like it is” style, “A Fierce Advocate for Just Compensation” is an honest and witty one-on-one with this powerhouse of eminent domain and property rights law.

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November 21st, 2013 — In News & Events

OCA’s Supreme Court Amicus Brief Seeks to Block the Government’s Efforts to Derail Rails-to-Trails Takings Cases

The Owners’ Counsel of America (OCA) and National Federation of Independent Business (NFIB) Small Business Legal Center* filed an amici curiae brief in support of the landowner in Brandt v. United States, No. 12-1173 (cert. granted October 1, 2013) urging the United States Supreme Court to reverse a Tenth Circuit Court of Appeals decision which held that the United States retained an implied reversionary interest in railroad rights of way.

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November 21st, 2013 — In News & Events

Amici Brief Filed With U.S. Supreme Court Seeks to Block the Government’s Efforts to Derail Rails-to-Trails Takings Cases

The Owners’ Counsel of America and National Federation of Independent Business (NFIB) Small Business Legal Center have jointly filed an amici curiae brief in support of the landowner in Brandt v. United States, No. 12-1173 (cert. granted October 1, 2013) urging the United States Supreme Court to reverse a Tenth Circuit Court of Appeals decision which held that the United States retained an implied reversionary interest in railroad rights of way.

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October 28th, 2013 — In News & Events

OCA Attorneys Honored to Particpate in 10th Annual Brigham-Kanner Property Rights Conference

On October 18, OCA member-attorneys participated in the 10th annual Brigham-Kanner Property Rights Conference at William and Mary Law School in Williamsburg, Virginia. Annually, legal scholars, practitioners and members of the judiciary who have a specific interest in property law and property rights gather to discuss current topics in takings law and property rights.

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