News & Resources
September 25th, 2014 — In News & Events
Join Us at the 11th Annual Brigham-Kanner Property Rights Conference in Williamsburg, Virginia
With the official arrival of Fall, we are reminded that the 11th Annual Brigham-Kanner Property Rights Conference is just around the corner – October 30 & 31, 2014 at William & Mary Law School, Williamsburg, Virginia. As previously announced, this year’s Brigham-Kanner Property Rights Prize will be awarded to Michael M. Berger, a partner with the Los Angeles Office of Manatt, Phelps & Phillips.
August 26th, 2014 — In News & Events
$8.1 Million Eminent Domain Award Affirmed by New York Appellate Court
Last week, the New York Appellate Division, Second Department, affirmed a condemnation award of $7,855,200 plus interest for just compensation to Split Rock Partnership for the taking of its property. In Matter of Western Ramapo Sewer Extension Project, Index No. 2013-03693, 2014 NY Slip Op 05889, decided August 20, 2014, the appellate court held that the measure of damages must reflect the fair market value of the property in its highest and best use on the date of the taking, regardless of whether the property is being put to such use at the time of the taking.
August 19th, 2014 — In News & Events
A Mississippi Jury Awards Bayfront Restaurant Owners $644K Just Compensation in Inverse Condemnation Action Against the State
On August 29, 2005, Hurricane Katrina destroyed Dan B’s Restaurant and Bar on Beach Boulevard in downtown Bay St. Louis, Mississippi. The popular beach front restaurant owned by the Murphy family featured a large deck on the beach overlooking the Bay of St. Louis.
August 13th, 2014 — In News & Events
OCA & NFIB Join Forces in Support of Private Property Owners in Texas and Nationwide
In July, the National Federation of Independent Business (NFIB) Small Business Legal Center and Owners’ Counsel of America (OCA) joined together to file an amici curiae brief (copy embedded below) in support of the property owner in State of Texas v. Clear Channel Outdoor, Inc., case number 13-0053, urging the Texas Supreme Court to uphold the award of just compensation to a billboard owner when the land on which its billboards were located was acquired by eminent domain.
July 17th, 2014 — In News & Events
Georgia Supreme Court Victory for Private Property Owners
Last week, the Supreme Court of Georgia issued an opinion in Dillard Land Investments, LLC v. Fulton County, Georgia, case No. S13C1582 (decided July 11, 2014) resulting in a ruling both favorable to the Petitioner-landowner and property owners across Georgia.
June 11th, 2014 — In News & Events
Church Fights Back Against City’s Eminent Domain Suit
For nearly a year, the City of Orlando has attempted to negotiate a voluntary acquisition of property owned by a small community church in downtown Orlando, Faith Deliverance Temple. The City of Orlando wants to build a multi-million dollar sports and entertainment arena on the very spot this church stands, only a stone’s throw from the Amway Center, home of the Orlando Magic, and a mile from the Citrus Bowl.
June 9th, 2014 — In News & Events
New Blog: “Property Rights Montana”
Owners’ Counsel of America member-attorney Hertha Lund and members of her firm, Lund Law, PLLC, have launched a new blog, “Property Rights Montana.”
May 5th, 2014 — In News & Events
Koontz Wins Again – Unconstitutional Exactions Are Still Unconstitutional and Money Remains Private Property Deserving Constitutional Protection
Last week, Florida’s Fifth District Court of Appeal once again ruled in favor of Coy Koontz, Jr. in the case concerning his late father’s regulatory takings claim against the St. Johns River Water Management District.
The Saga of the Keystone Pipelines in Nebraska: Unconstitutional Regulation, and Lessons on How to Acquire Property and How Not to Acquire Property
Members of Owner’s Counsel of America, who regularly represent property owners in condemnation situations, tend to be naturally very protective of private property rights. We enjoy events that shed light on this dark corner of the law, especially when they help to shape public opinion in favor of property rights.
April 14th, 2014 — In News & Events
California Property Rights Attorney & Scholar Michael Berger to Receive 11th Annual Brigham-Kanner Property Rights Prize
Today William & Mary Law School and the William & Mary Property Rights Project announced that accomplished property rights lawyer, scholar, and teacher Michael M. Berger will receive the 2014 Brigham-Kanner Property Rights Prize October 30-31, 2014 at the 11th Annual Brigham-Kanner Property Rights Conference in Williamsburg, Virginia.