How Can We Help You? Dedicated To Representing Property Owners
In Eminent Domain
Toll Free:  877 367 6963

Dedicated To Representing Property Owners In Eminent Domain

877 367 6963 Menu

News & Resources

December 14th, 2015 — In News & Events

ALI-CLE Eminent Domain and Land Valuation Litigation Course 2016

Eminent domain attorneys, appraisers, engineers and other professionals in the field of eminent domain, property rights and land valuation litigation will gather this January to discuss the hot topics, newest cases and emerging issues impacting eminent domain law and those who practice in this area.  The 33rd Annual American Law Institute Eminent Domain and Land Valuation Litigation course is scheduled to take place January 28-30 at the Hotel Van Zandt in Austin, Texas.

Read More

November 30th, 2015 — In Articles

How is Property Valued in a Condemnation Proceeding?

When a government agency, utility, energy company or other entity takes private property through eminent domain (known as “condemnation”), the landowner is entitled to the payment of just compensation. This right to just compensation is firmly established in the Fifth Amendment to the U.S Constitution, as well as state constitutions and laws across the country. But, what does it mean for compensation to be “just,” and who decides what is a just amount? Someone has to place a value on the land taken.  And, when the “taking” involves an easement or regulation, the property owner’s losses may not be strictly tied to the value of the affected property.

Read More

November 9th, 2015 — In News & Events

New Jersey Beachfront Residents Represented by OCA Attorney Sue to Prevent Use of Eminent Domain

In October, a group of New Jersey beachfront homeowners brought suit against the New Jersey Department of Environmental Protection (DEP) seeking to prevent the agency’s use of eminent domain. Represented by eminent domain lawyer and OCA New Jersey representative Anthony DellaPelle, the property owners argue that the DEP’s plan to construct protective sand dunes on their properties would prevent them from taking their own precautions to avoid damage to their homes and land.

Read More

November 2nd, 2015 — In Articles

Easements and Restrictive Covenants: When the Government Takes Without Taking

When most people think about eminent domain and the condemnation of private property, they imagine the government acquiring a citizen’s private property and converting it to a public use. While this is often the case, it is not the only way that the government can acquire private property. Governments may claim “non-possessory” rights in private land. Such rights allow the government to either (i) use, or (ii) place restrictions on a landowner’s use of private property.

Read More

October 28th, 2015 — In Articles

The Keystone XL Pipeline Isn’t the Only Pipeline Concerning Property Owners

We have talked a lot recently about the ongoing debate and eminent domain issues involving TransCanada’s proposed Keystone XL Pipeline across the western United States. But, this is by no means the only pipeline activity going on in the country. In fact, up and down the East Coast, property owners – many of whom are represented by our eminent domain lawyers – are battling to protect their land against a number of different pipeline projects.

Read More

October 22nd, 2015 — In Articles

Non-Possessory Takings: North Carolina Supreme Court to Consider Inverse Condemnation in Future Highway Development Case

In a case that has garnered national attention, the North Carolina Supreme Court has agreed to review a court of appeals decision holding that a state statute effected a taking – and thereby implicated the property owners’ Constitutional rights. It is an interesting case — one that could have significant implications for property owners across the country.

Read More

October 22nd, 2015 — In News & Events

OCA & NFIB Amici Brief: Cities Can’t Force Homebuilders To Provide More Than Fair Share Of Affordable Housing

Last week, OCA and the National Federation of Independent Business (NFIB) Small Business Legal Center filed an amici curiae brief with the United States Supreme Court urging the protection of private property rights from overreaching government regulation. The brief requests the Court agree to review the California Supreme Court’s decision in California Building Industry Association v. San Jose, No. 15-330 (September 16, 2015).

Read More

October 21st, 2015 — In News & Events

Harvard Law Prof. Joseph Singer Recently Honored with 2015 Brigham-Kanner Property Rights Prize

On October 1, the William & Mary Law School Property Rights Project honored Professor Joseph Singer with the 2015 Brigham-Kanner Property Rights Prize for his scholarship concerning property’s relationship to our political, economic, and social systems.  Prof. Singer was honored during a candlelight dinner in the Great Hall of the historic Sir Christopher Wren Building, commencing the 12th annual Brigham-Kanner Property Rights Conference.

Read More

October 12th, 2015 — In Articles

Just Compensation, Relocation Expenses and Attorneys’ Fees: Financial Compensation in Eminent Domain

Property owners who have their land condemned by the government are entitled to just compensation. This is a fundamental right established by the Fifth Amendment to the U.S. Constitution and contained in state constitutions as well. While these constitutional protections are often the greatest source of compensation for property owners in eminent domain cases, they are not the only sources. Depending on the circumstances, various statutes may provide additional financial recourse for individuals and businesses that have their property taken using the power of eminent domain. These statutes often: Require payment of more than “just compensation” under certain circumstances Entitle property owners to recover their attorneys’ fees for defending their rights in a condemnation suit Provide property owners with compensation for their relocation costs.

Read More

October 1st, 2015 — In News & Events

12th Annual Brigham-Kanner Property Rights Conference October 1 & 2, 2015

This evening Joseph William Singer, Bussey Professor of Law at Harvard Law School, will be presented with the 2015 Brigham-Kanner Property Rights Prize on the campus of William & Mary in Williamsburg, Virginia.  Professor Singer will be the 12th recipient of this prestigious award which is presented annually to a scholar, lawyer or jurist whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights play in the broader scheme of individual liberty.

Read More