Yearly Archives: 2012

March 8th, 2012 — In News & Events

Arkansas Jury Awards Property Owners Just Compensation Five Times the Government’s Offer

Last week a jury in Boone County, Arkansas awarded two landowners $341,500 for private property condemned by the Ozark Mountain Regional Public Water Authority. The verdict represents an increase of more that five times the $67,000 offer made to the owners by the water authority for their 29.87 acres.

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March 6th, 2012 — In News & Events

Will National Eminent Domain Reform be a Reality in 2012?

Last week (February 28), the United States House of Representatives passed by the Private Property Rights Protection Act of 2012 (H.R. 1443), which is intended to prevent the misuse of eminent domain for economic development. The proposed bill is not a cure for eminent domain abuse.

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March 5th, 2012 — In News & Events

More Amicus Briefs Filed in Support of Property Owner in Just Compensation Case

Two other amicus briefs have been filed in support of the petitioner in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012). [Disclosure: Owners’ Counsel has also filed an amicus brief in support of the petitioner, see our previous post here.]

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February 29th, 2012 — In News & Events

OCA Files Amicus Brief in Support of Property Owner in SCOTUS Eminent Domain Case

Owners’ Counsel of America recently filed an amicus brief (embedded below) in support of the property owners in River Center LLC v.Dormitory Auth. of the State of New York (11-922) urging the United States Supreme Court to grant review and correct the eminent domain decision by the Appellate Division of the New York Supreme Court.

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February 29th, 2012 — In News & Events

Owners’ Counsel of America Files Amicus Brief in Support of Property Owner in Supreme Court Eminent Domain Case

Owners’ Counsel of America recently filed an amicus brief in support of the petitioner/property owners in River Center LLC v.Dormitory Auth. of the State of New York (11-922) urging the United States Supreme Court to grant review and correct the eminent domain decision by the Appellate Division of the New York Supreme Court.

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February 23rd, 2012 — In News & Events

Owners’ Counsel Honors Florida Eminent Domain Attorney Toby Brigham

The Owners’ Counsel of America recently honored one of the country’s top condemnation and property rights attorneys, Toby Prince Brigham, Esq., for his devotion to the constitutional right of private property ownership. For more than 50 years, Toby Brigham, has represented property owners in Florida and across the United States in eminent domain, inverse condemnation, regulatory taking challenges, condemnation blight, and related real estate, land use and business damage litigation at both the trial and appellate level.

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January 31st, 2012 — In News & Events

ALI-ABA Emient Domain and Land Valuation Seminar

We just returned from the 29th Annual American Law Institute-American Bar Association (ALI-ABA) Eminent Domain and Land Valuation Litigation course in San Diego. As the course description explains: “[t]he power of eminent domain is being reshaped across the nation by court rulings and legislation.

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January 31st, 2012 — In News & Events

Owners’ Counsel of America Honors Florida Eminent Domain Attorney Toby Prince Brigham

The Owners’ Counsel of America recently honored one of the country’s top condemnation and property rights attorneys, Toby Prince Brigham, Esq., for his devotion to the constitutional right of private property ownership. For more than 50 years, Toby Brigham, has represented property owners in Florida and across the United States in eminent domain, inverse condemnation, regulatory taking challenges, condemnation blight, and related real estate, land use and business damage litigation at both the trial and appellate level.

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January 25th, 2012 — By  Mark M. Murakami — In Articles

Motion for Leave to File Brief Amicus Curiae in Support of Petitioner and Brief Amicus Curiae of Owners Counsel of America in Support of Petitioner, Stop the Beach Renourishment v. Florida Department of Environmental Protection, No. 08-11 (June 17, 2010), Robert H. Thomas (Hawaii), Counsel of Record.

In this case, the U.S. Supreme Court considered whether a 2008 Florida Supreme Court decision upholding the Florida Beach and Shore Preservation Act which reversed a century of Florida law was a “judicial taking.” The Court found that the Florida court’s decision neither violated the Fifth Amendment’s due process guarantee nor consituted a taking of private property.

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January 23rd, 2012 — By  Mark M. Murakami — In Articles

Motion for Leave to File Brief Amicus Curiae and Brief Amicus Curiae of Owners Counsel of America in Support of the Petitioner, River Center LLC v. Dormitory Authority of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012), Robert H. Thomas (Hawaii), Counsel of Record.

This case involved one of the largest condemnations of private property in the history of New York City. At issue were important questions concerning the Just Compensation Clause of the Fifth Amendment.

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