Yearly Archives: 2011

The Academy of Motion Picture Arts and Sciences (“The Academy”) announced last week that Battle For Brooklyn has made the “shortlist” of 15 documentary films that will advance in the voting process to be considered for an Academy Award. This film has certainly come far and received rave reviews since we first viewed it in February at its debut screening during the ALI-ABA Eminent Domain and Land Valuation Litigation course in Coral Gables, FL.

On Tuesday with 73% of Mississippians voting in favor of property rights and limiting the use of eminent domain for private development, Initiative 31 was approved. Since the infamous 2005 U.S. Supreme Court ruling in Kelo v. City of New London, 43 states have passed legislation creating stronger protections for private property owners against the power, and possible abuse, of eminent domain. Mississippi has now become the 44th state to reject the use of eminent domain for private development.

Voters in Mississippi are at the polls today to elect a new governor and legislature as well as decide upon a number of measures. Among them is Initiative 31, a citizen’s initiative for a constitutional amendment to prohibit the state and local governments from using the power of eminent domain to condemn private property and transfer it to another private individual or entity for a period of 10 years after acquisition. Initiative 31 has garnered much media attention and Campaign Insider has called this a “ballot battle to watch.”

The Eighth Annual Brigham-Kanner Property Rights Conference completed its international debut on October 15, 2011 in China. Legal scholars, jurists, and practitioners from the United States and China converged at Tsinghua University in Beijing to discuss and debate the evolution of property rights on a global scale. The Owners’ Counsel of America is pleased that our Member-attorneys were invited to participate in this prestigious event.

Condemnation attorney, Michael Rikon, the New York member of Owners’ Counsel, has been invited to speak at the 7th International Conference on the Valuation of Plant Machinery and Equipment (ICVPME) in Beijing, China September 19-21, 2011.

William & Mary Law School has announced that Justice Sandra Day O’Connor will receive the 2011 Brigham-Kanner Property Rights Prize at the 8th annual Brigham-Kanner Property Rights conference, scheduled for October 14-15, 2011 in Beijing, China. The 2011 conference is co-sponsored by Tsinghua University School of Law, William & Mary Law School and The College of William & Mary.

Last week the 8th Circuit Court of Appeals upheld a property owner’s First Amendment right to protest the abusive eminent domain policies of the City of St. Louis. The case concerns a St. Louis property owner, Jim Roods, who opposed the city’s definition of blight and condemnation of his housing agency’s private property for private redevelopment.

On July 14, 2011, our colleagues* at Damon Key Leong Kupchak Hastert in Honolulu, Hawaii filed a cert petition (see below) asking the U.S. Supreme Court to review the Hawaii Supreme Court’s decision in County of Hawaii v. C&J Coupe Family Ltd. P’ship, 242 P.3d 1136 (Haw. 2010)

In this 2011 article, Mr. Rikon criticizes Article 2 of New York’s Eminent Domain Procedure Law (EDPL), the procedure used to approve and challenge condemnation.

What: The 8th Annual Brigham-Kanner Property Rights Conference
Where: Tsinghua University School of Law, Beijing, China