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Property Rights

Owners’ Counsel lawyers have been and continue to be involved in significant property rights cases in nearly every state and every jurisdiction nationwide. OCA member-attorneys have represented property owners and amici (“friends of the court”) in many of the property takings and property rights cases that have been considered by the United States Supreme Court over the past forty years, including:

Kaiser Aetna v. United States, 444 U.S. 164 (1979);

Agins v. City of Tiburon, 447 U.S. 255 (1980);

First English Evangelical Lutheran Church v. Los Angeles County, 482 U.S. 304 (1987);

Nollan v. Cal. Coastal Comm’n, 483 U.S. 825 (1987);

Yee v. City of Escondido, 503 U.S. 519 (1992);

Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992);

Dolan v. City of Tigard, 512 U.S. 374 (1994);

Preseault v. ICC, 494 U.S. 1 (1986);

City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687 (1999);

Palazzolo v. Rhode Island, 533 U.S. 606 (2001);

Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 535 U.S. 302 (2002);

San Remo Hotel, L.P. v. City and County of San Francisco, 545 U.S. 323 (2005);

Lingle v. Chevron U.S.A., Inc., 544 U.S. 528 (2005);

Kelo v. City of New London, 545 U.S. 469 (2005); and

Winter v. Natural Res. Def. Council, 129 S. Ct. 365 (2008).

Amicus Briefs Filed by Owners’ Counsel of America

Most recently, OCA has filed amicus briefs in these influential property rights cases before the United States Supreme Court and various state Supreme Courts:

Stop the Beach Renourishment, Inc. v. Fla. Dep’t of Envt’l Protection, 560 U.S. ___, 130 S. Ct. 2592 (2010);

River Center LLC, v. Dormitory Authority of The State of New York, No. 11-922 (cert. denied April 30, 2012) (U. S. Supreme Court);

Arkansas Game & Fish Comm’n v. U.S., 568 U. S. ____ (2012);

Koontz v. St. Johns River Water Management District, 570 U.S. ___ (2013);

Ilagan v. Ungacta, No. 12-723 (cert. denied April 15 2013) (U.S. Supreme Court);

Brandt Revocable Trust v. United States, 572 U.S. ___ (2014);

Dillard Land Investments, Inc. v. Fulton County, Georgia, No. S13G1582, (decided July 11, 2014) (Georgia Supreme Court);

Kentner v. City of Sanibel (cert. denied Jan. 12, 2015) (U.S. Supreme Court);

Ramsey v. Virginia Department of Transportation, No. 140929 (review granted Nov. 3, 2014) (Virginia Supreme Court) (decided April 16, 2015)

Texas v. Clear Channel, No. 13-0053(review granted May 16, 2014) (Texas Supreme Court) (decided April 24, 2015);

Property Reserve v. Superior Court (Dept. of Water Resources), No. S217738 (review granted June 25, 2014) (California Supreme Court) (decision pending); and

State v. Alderwoods (Oregon), Inc., No. S062816 (review granted Feb. 11, 2015) (Oregon Supreme Court) (decision pending).

Amicus Participation Requests

If you believe that OCA’s voice can aid in the resolution of a case, contact our office at (877) 367-6963 to speak with a property rights lawyer about the issues presented and current deadlines.