Yearly Archives: 2014
The Saga of the Keystone Pipelines in Nebraska: Unconstitutional Regulation, and Lessons on How to Acquire Property and How Not to Acquire Property
Members of Owner’s Counsel of America, who regularly represent property owners in condemnation situations, tend to be naturally very protective of private property rights. We enjoy events that shed light on this dark corner of the law, especially when they help to shape public opinion in favor of property rights.
April 14th, 2014 — In News & Events
California Property Rights Attorney & Scholar Michael Berger to Receive 11th Annual Brigham-Kanner Property Rights Prize
Today William & Mary Law School and the William & Mary Property Rights Project announced that accomplished property rights lawyer, scholar, and teacher Michael M. Berger will receive the 2014 Brigham-Kanner Property Rights Prize October 30-31, 2014 at the 11th Annual Brigham-Kanner Property Rights Conference in Williamsburg, Virginia.
April 14th, 2014 — In News & Events
Property Rights Attorney Michael Berger To Receive the 2014 Brigham-Kanner Property Rights Prize
William & Mary Law School and the William & Mary Property Rights Project announced that appellate and property rights lawyer, scholar, and teacher Michael M. Berger will receive the 2014 Brigham-Kanner Property Rights Prize October 30-31, 2014 at the 11th Annual Brigham-Kanner Property Rights Conference in Williamsburg, Virginia.
April 11th, 2014 — In News & Events
Missoula Files Condemnation Suit to Take Privately-held Mountain Water Hoping the Second Time Will be the Charm
Last week the City of Missoula, Montana filed suit in District Court seeking “a judicial determination entitling it to acquire by eminent domain Missoula’s privately-owned water supply and distribution system” – Mountain Water Company. The City has sought to purchase the utility from its parent company, the Carlyle Group for some time, however, the City’s most recent offer of $50 million and previous offer of $65 million were both rejected.
April 4th, 2014 — In News & Events
OCA Welcomes New Colorado Member, Jack Sperber
We are pleased to announce that Jack Sperber, Esq., a partner in the Denver office of Faegre Baker Daniels, has been selected as the Colorado representative of the Owners’ Counsel of America. Jack succeeds his former partner, Leslie Fields, Esq., who retired from the practice of law at the end of March. Leslie will continue to be affiliated with OCA as an Emeritus Member.
March 13th, 2014 — In News & Events
SCOTUS Brandt Decision Neither Derails Owners’ Takings Claims Nor Rails-to-Trails Conversions
On Monday, March 10, the Supreme Court ruled in favor of the landowner in Marvin M. Brandt Revocable Trust v. United States, No.12-1173 (Mar. 10, 2014), a rails-to-trails takings case. Writing for the majority, Chief Justice Robert’s clarified that the government, in this case the U.S. Forest Service, can not redefine commonly understood legal principles relating to real property and simply eliminate the property rights of landowners as a means to achieve its goal of expanding the National Trails System.
February 28th, 2014 — In News & Events
Guest Post: TransCanada XL Route Through Nebraska is Ruled Unconstitional
Today we bring you a guest post authored by OCA Nebraska member-attorney, William Blake, a partner in the Lincoln office of Nebraska law firm Baylor Evnen. Bill discusses the recent Nebraska District Court ruling which struck down a state law that allowed the Governor to approve a route for the TransCanada Keystone XL pipeline to cross the state.
February 21st, 2014 — In News & Events
A Virginia Jury Sides with Property Owners in Eminent Domain Trial, yet VDOT Wins?
Last week a Virginia jury awarded property owners $234,000 for property taken by Virginia Dept. of Transportation (VDOT) for a highway improvement project in Virginia Beach. While it appeared as a victory, unfortunately, it was not. While the jury came in with an amount of just compensation approximately $142,000 above the value VDOT presented at trial, it was $14,000 less than VDOT’s original offer and initial deposit in the case.
January 14th, 2014 — In News & Events
Supreme Court Hears Oral Argument in Rails-to-Trails Property Rights Case Today
Today, the U.S. Supreme Court hears argument in Marvin M. Brandt Revocable Trust v. United States, No. No. 12-1173, a Rails-to-Trails takings case. At the core of the dispute between the landowner and U.S. Forest Service is the meaning of the term railroad “right of way” as used in the 1875 General Railroad Right of Way Act and whether the federal government retained an “implied reversionary interest” in railroad rights of way granted under the Act.