July 16th, 2018 — By — In Articles
Owners’ Counsel of America and Many Others Call on U.S. Supreme Court to Overturn Unconstitutional and Pre-Textual Taking of Private Port Business Property.
In Violet Dock Port, Inc. v. St. Bernard Port, Harbor & Terminal Dist., Owners’ Counsel of America joins with the Institute for Justice, the Rutherford Institute, the National Federation of Independent Business, Southeastern Legal Foundation, the Atlantic Legal Foundation, and the Cato Institute in filing Amicus Briefs asking the United States Supreme Court to review and reverse a lower court ruling that allowed the state of Louisiana to use its eminent domain powers to lay claim to property owned by one private port business so that it could be operated by a different private business. Relying on Kelo v. City of New London, the Louisiana Supreme Court held that it was entirely proper to take a fully-functioning private facility with the intent to lease it to another private entity to operate, with the revenues earned from those operations to be shared by both the local government entity and its favored private actor. “Both the United States and Louisiana constitutions prohibit the taking of a privately owned, ongoing business for government operation, or for operation by another favored private entity,” Violet Dock Port attorney and OCA Member Randy Smith states. “This case tests the limits of government takings powers.”