Yearly Archives: 2014

December 19th, 2014 — In News & Events

OCA’s Amicus Brief Asks: Can the Most Important Evidence in an Eminent Domain Trial be Withheld From a Jury?

This week we filed an amicus curiae brief in support of Virginia Beach homeowners, James and Janet Ramsey, in Ramsey v. Commissioner of Highways, Record No. 140929 (review granted November 3, 2014), a case we previously discussed here.

Read More

November 11th, 2014 — In News & Events

Amici Brief Asks Supreme Court to Confirm that Property Rights Are Fundamental Rights Deserving Constitutional Protection

The National Federation of Independent Business (NFIB) Small Business Legal Center, Cato Institute, Rutherford Institute and Owners’ Counsel of America (OCA) have joined together in filing an amici brief urging the U.S. Supreme Court to grant review of the Eleventh Circuit’s decision in Kentner v. City of Sanibel, No.13-13893 (May 8, 2014) (Supreme Court Docket No. 14-404).

Read More

September 25th, 2014 — In News & Events

Join Us at the 11th Annual Brigham-Kanner Property Rights Conference in Williamsburg, Virginia

With the official arrival of Fall, we are reminded that the 11th Annual Brigham-Kanner Property Rights Conference is just around the corner – October 30 & 31, 2014 at William & Mary Law School, Williamsburg, Virginia. As previously announced, this year’s Brigham-Kanner Property Rights Prize will be awarded to Michael M. Berger, a partner with the Los Angeles Office of Manatt, Phelps & Phillips.

Read More

August 26th, 2014 — In News & Events

$8.1 Million Eminent Domain Award Affirmed by New York Appellate Court

Last week, the New York Appellate Division, Second Department, affirmed a condemnation award of $7,855,200 plus interest for just compensation to Split Rock Partnership for the taking of its property. In Matter of Western Ramapo Sewer Extension Project, Index No. 2013-03693, 2014 NY Slip Op 05889, decided August 20, 2014, the appellate court held that the measure of damages must reflect the fair market value of the property in its highest and best use on the date of the taking, regardless of whether the property is being put to such use at the time of the taking.

Read More

August 19th, 2014 — In News & Events

A Mississippi Jury Awards Bayfront Restaurant Owners $644K Just Compensation in Inverse Condemnation Action Against the State

On August 29, 2005, Hurricane Katrina destroyed Dan B’s Restaurant and Bar on Beach Boulevard in downtown Bay St. Louis, Mississippi. The popular beach front restaurant owned by the Murphy family featured a large deck on the beach overlooking the Bay of St. Louis.

Read More

August 13th, 2014 — In News & Events

OCA & NFIB Join Forces in Support of Private Property Owners in Texas and Nationwide

In July, the National Federation of Independent Business (NFIB) Small Business Legal Center and Owners’ Counsel of America (OCA) joined together to file an amici curiae brief (copy embedded below) in support of the property owner in State of Texas v. Clear Channel Outdoor, Inc., case number 13-0053, urging the Texas Supreme Court to uphold the award of just compensation to a billboard owner when the land on which its billboards were located was acquired by eminent domain.

Read More

July 17th, 2014 — In News & Events

Georgia Supreme Court Victory for Private Property Owners

Last week, the Supreme Court of Georgia issued an opinion in Dillard Land Investments, LLC v. Fulton County, Georgia, case No. S13C1582 (decided July 11, 2014) resulting in a ruling both favorable to the Petitioner-landowner and property owners across Georgia.

Read More

June 11th, 2014 — In News & Events

Church Fights Back Against City’s Eminent Domain Suit

For nearly a year, the City of Orlando has attempted to negotiate a voluntary acquisition of property owned by a small community church in downtown Orlando, Faith Deliverance Temple. The City of Orlando wants to build a multi-million dollar sports and entertainment arena on the very spot this church stands, only a stone’s throw from the Amway Center, home of the Orlando Magic, and a mile from the Citrus Bowl.

Read More

June 9th, 2014 — In News & Events

New Blog: “Property Rights Montana”

Owners’ Counsel of America member-attorney Hertha Lund and members of her firm, Lund Law, PLLC, have launched a new blog, “Property Rights Montana.”

Read More

May 5th, 2014 — In News & Events

Koontz Wins Again – Unconstitutional Exactions Are Still Unconstitutional and Money Remains Private Property Deserving Constitutional Protection

Last week, Florida’s Fifth District Court of Appeal once again ruled in favor of Coy Koontz, Jr. in the case concerning his late father’s regulatory takings claim against the St. Johns River Water Management District.

Read More

close