Yearly Archives: 2009

December 17th, 2009 — In News & Events

Why has this Roanoke property been condemned?

Last month, Roanoke Judge William D. Broadhurst granted Roanoke Redevelopment and Housing Authority’s (RRHA) petition to take private property owned by Jay and Stephanie Burkholder (B&B Holdings, LLC) using the Authority’s power of eminent domain. Judge Broadhurst indicated in his November 12, 2009 correspondence to counsel that although evidence had been presented by B&B’s attorneys which “clearly suggests to the Court that the City was responding to pressure from Carilion in trying to direct the conclusions that RRHA would reach” with respect to the blight study, RRHA had been sufficiently insulated and had independently found “blight” in the neighborhood, and therefore the B&B property could be taken.

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December 3rd, 2009 — In News & Events

SCOTUS: Stop the Beach Renourishment

As we noted here previously, the U.S. Supreme Court heard oral arguments yesterday in the most recent property rights case to go before the bench Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection.

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December 2nd, 2009 — In News & Events

Transcript of SCOTUS oral argument available online

The Supreme Court has released the unofficial transcript for today’s argument in Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection. A pdf of the transcript is available here. More to follow once we have had time to read it.

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December 2nd, 2009 — In News & Events

Fox Video: Eminent Domain Ghost Town

Yesterday Fox Business News featured a segment on eminent domain with John Stossel. OCA Member and Institute for Justice Senior Attorney, Dana Berliner (co-counsel to Susette Kelo), and Jeff Benedict, author of “Little Pink House.” Discussion focused on Kelo, Pfizer’s recent announcement that it would leave New London and eminent domain abuse in general. Stossel also points to Anaheim, California as an example of how government can stimulate development by streamlining building and zoning regulations, avoiding eminent domain and saving tax payers dollars.

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December 1st, 2009 — In News & Events

Supreme Court will hear oral argument in Florida beach takings case

On Wednesday, December 2, 2009, the U.S. Supreme Court will hear oral arguments in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, et al. For background on the case see our previous posts here and here as well as the case resource page on by OCA Hawaii Member, Robert Thomas.

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November 24th, 2009 — In News & Events

NY Court of Appeals rules in favor of Atlantic Yards eminent domain

In a decision released today, New York’s highest court upholds 6-1 the use of eminent domain by the New York State urban Development Corporation d/b/a Empire State Development Corporation (“ESDC”) for the multi-use Atlantic Yards project in Brooklyn.

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November 4th, 2009 — In News & Events

Texas votes to limit eminent domain

In Tuesday’s election, Texas voters overwhelmingly voted in favor of Proposition 11, a constitutional amendment limiting the state’s eminent domain powers. Prop 11 (H.J.R. 14, Article 1) limits the use of eminent domain for public use and specifically defines “public use” to specifically not include “the taking of private property for…transfer to a private entity for the purpose of economic development or enhancement of tax revenue purposes.” (See “Analyses of Proposed Constitutional Amendments”, the Texas Legislative Council, pps. 27, 57-60.)

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October 22nd, 2009 — In News & Events

Sen. McCain: Private property rights need protection

The opinion piece below appeared in today’s Arizona Daily Star and is attributed to Senator John McCain. Senator McCain clearly disagrees with the decision of the U.S. Supreme Court in Kelo and even calls upon the Court to revisit “its decision in the near term because it is irresponsible for the court to abandon long-held limitations on government power.” Although it is unlikely that the Court will revisit Kelo “in the near term,” the Justices will have an opportunity review a case before the Court concerning the issue of private property rights when oral arguments in Stop the Beach Renourishment v. Florida Dep’t of Environmental Protection take place before the Court on December 2, 2009.

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October 20th, 2009 — In News & Events

6th Annual Brigham-Kanner Property Rights Conference honored Prof. Richard Pipes

The sixth annual Brigham-Kanner Property Rights Conference and presentation of the 2009 Brigham-Kanner Property Rights Prize was held this past weekend, October 16 & 17, at the College of William & Mary Law School in Williamsburg, Virginia. The 2009 Brigham-Kanner Property Rights Prize was presented to Professor Richard E. Pipes, Professor Emeritus of History at Harvard University in the historic Sir Christopher Wren Building – America’s oldest academic building – on the William and Mary campus.

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October 14th, 2009 — In News & Events

Altantic Yards arguments before Court of Appeals in Albany today

Today’s oral arguments before the New York Court of Appeals in Goldstein, et al. v. New York State Urban Development Corporation d/b/a/ Empire State Development Corporation begin at 2:00 PM (EST) and are available via webcast.

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