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Category: News & Events

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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October 18th, 2013 — In News & Events

10th Annual Brigham-Kanner Property Rights Conference in Williamsburg, Virginia

We are currently attending, along with a number of legal scholars, practicing lawyers and law school students, the 10th Annual Brigham-Kanner Property Rights Conference at William & Mary Law School in Williamsburg, Virginia. The Conference began Thursday evening with the presentation of the Brigham-Kanner Prize to Professor Thomas W. Merrill, the Charles Evan Hughes Professor at Columbia Law School.

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October 4th, 2013 — In News & Events

Supreme Court Grants Cert in Brandt v. US, Rails to Trails Takings Case

Earlier this week the U.S. Supreme Court granted certiorari in Brandt Revocable Trust v. United States, (12-1173). As our colleague, Robert Thomas, explains this was a “not-entirely-unexpected move” by the Court due to the fact that the Tenth Circuit acknowledged that its ruling created a “circuit split” and the Solicitor General did not oppose the landowner’s petition.

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October 1st, 2013 — In News & Events

Florida Owners’ Counsel representative, Andrew Brigham, to Participate in the 10th Annual Brigham-Kanner Property Rights Conference

Jacksonville-based eminent domain and property rights attorney, Andrew Prince Brigham, has been invited to speak at the 10th Annual Brigham-Kanner Property Rights Conference in Williamsburg, Virginia, October 17-18, 2013. Mr. Brigham, principal attorney at Brigham Property Rights Law Firm, PLLC and the Florida member of Owners’ Counsel of America, will take part in a roundtable discussion regarding the extent to which government should restrain from interfering with private property rights.

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September 25th, 2013 — In News & Events

Mark Savin, Owners’ Counsel of America Minnesota Attorney, Invited to Speak at 10th Annual Brigham-Kanner Property Rights Conference October 17-18, 2013

The William & Mary Law School Property Rights Project has invited Minneapolis-based condemnation lawyer, Mark D. Savin, to speak at the 10th Annual Brigham-Kanner Property Rights Conference October 17-18, 2013 in Williamsburg, Virginia.

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