News & Resources
November 29th, 2016 — In News & Events
Join Owners’ Counsel at the Eminent Domain & Land Valuation 2017 CLE in San Diego
Join Owners’ Counsel of America attorneys at the 34th annual American Law Institute Eminent Domain and Land Valuation Litigation course in San Diego, California. This live CLE program will take place Thursday – Saturday, January 26-28, 2017 at the Westin San Diego, in downtown San Diego, California.
November 23rd, 2016 — In Articles
Owners’ Counsel of America Files Brief in Inverse Condemnation Case before U.S. Supreme Court
The Owners’ Counsel of America (OCA) has joined together with other property rights advocates to file an amici curiae brief with the United States Supreme Court in an inverse condemnation case concerning the rails-to-trails conversion of an elevated rail line in New York to a public parkway.
October 28th, 2016 — In News & Events
Owners’ Counsel Participates in International Property Rights Conference
During a ceremony at The Peace Palace in The Hague on October 21, the 2016 the 2016 Brigham-Kanner Property Rights Prize was awarded to Peruvian economist Hernando de Soto, President of the Institute of Liberty and Democracy. An advocate for the formal recognition of private property ownership as a solution to global poverty, de Soto has been recognized internationally for his work. The Prize was awarded following the conclusion of the 13th Annual Brigham-Kanner International Property Rights Conference in which a number of OCA attorneys participated.
October 5th, 2016 — In Articles
Battle on the Beach: Owners’ Counsel of America Files Amicus Brief in Important Property Rights Case
Recently, the Owners’ Counsel of America filed an amicus brief in a property rights case currently pending in the North Carolina Supreme Court. The case, Nies v. Town of Emerald Isle, No. COA15-169 (N.C. App. Nov. 17, 2015), concerns the ownership and right to use the “dry sand” beach. OCA joined with Hawaii Law Professor David Callies as amici on the brief.
August 31st, 2016 — In News & Events
Hawaii Supreme Court Accepts Certiorari in Eminent Domain Case; Owners’ Counsel and NFIB Filed Amici Brief
On August 22, the Supreme Court of Hawaii accepted the Application for Writ of Certiorari filed July 10, 2016 by the landowner in County of Kauai v. Hanalei River Holdings, Ltd., No. SCWC-14-0000828. The Owners’ Counsel of America (OCA) joined with the National Federation of Independent Business (NFIB) Small Business Legal Center to file an amici curiae brief in the case urging the Court to review and overturn the appellate court’s decision.
August 1st, 2016 — In News & Events
Owners’ Counsel Attorneys Chair New National Eminent Domain Seminar
The practice of eminent domain is becoming more and more dependent upon occurrences on the national level. Now more than ever, eminent domain lawyers must be knowledgeable about activity outside their own jurisdictions. Join OCA attorneys from around the country in Las Vegas this September 29 and 30 for a two-day program presented by CLE International focused on helping attorneys to stay informed about the most important developments in eminent domain litigation all across the country.
July 18th, 2016 — In Articles
While One State Seeks to Limit Powers, Another Seeks to Reinvigorate Use of Eminent Domain
Since the infamous 2005 Supreme Court Kelo decision, many have watched as state and federal legislators across the country consider a variety of laws relating to eminent domain and property rights. Some of these laws have specific purposes – such as the APPROVAL Act that Arkansas’s congressional delegation proposed in 2015 – while others are intended to more broadly restrict or expand the government’s power to condemn private land. Two recently-proposed bills on opposite sides of the country fall into this latter category, albeit with diametrically opposite aims.
July 14th, 2016 — In Articles
North Carolina Supreme Court Holds Map Act Unconstitutional
In an important victory for property owners, the North Carolina Supreme Court recently held that key provisions of the state’s Map Act are unconstitutional. As a result of the Court’s ruling June 10, 2016, affected property owners will be entitled to just compensation for the state’s regulatory taking of their properties. Additionally, landowners throughout the state may seek just compensation in the event that the North Carolina Department of Transportation (NCDOT) prevents them from improving their land in order to reserve property for future roadway development projects.
June 30th, 2016 — In Articles
Glossary: Eminent Domain Terminology
If a government agency (or a utility or other private company acting with the government’s authority to use the power of eminent domain) is attempting to take your property, it is critical to make sure that you understand your rights under the law of eminent domain. For most people, this starts with familiarizing yourself with the basic terminology involved. To help you get started, we have prepared a glossary of some of the key terms.
June 29th, 2016 — In Articles
OCA Files Amicus Brief In Support of Property Owners in NC “Public Trust Doctrine” Case
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.