Monthly Archives: September 2020
September 24th, 2020 — In News & Events
Joseph Waldo Continues Fight For Oystermen in Income Loss from Latest Dump of Raw Sewage into Nansemond River
To follow up on a story we ran earlier regarding OCA’s Amicus Brief filing in the case of the City of Suffolk’s operation of a sewage and stormwater system so as to discharge wastewater into the Nansemond River, we learn that after recent rains an estimated 1.5 million gallons of raw sewage has been dumped in the river. “They are discharging and allowing raw sewage to be discharged into the rivers that we swim in…” says attorney Joe Waldo (seen in the photo) who represents several oystermen currently suffering huge losses due to the situation. Robert Johnson, who owns one of the businesses impacted, estimates he has 750 acres of oyster beds that can’t be harvested right now, and that is costing him $2,000 to $3,000 a day. “We are totally shut down. Ninety percent of our oysters are in the Nansemond River which is the best growing ground in this area.”
September 18th, 2020 — In News & Events
OCA Members Robert Thomas and Katie Gray To Present at the CLE International Eminent Domain Conference in Denver
For the past 22 years, CLE International has sponsored presentations by the most knowledgeable and experienced eminent domain professionals. This year will be no exception! During a two-day virtual Conference to be held on September 24-25, the industry’s leading experts and attorneys in eminent domain, relocation, appraisals, and land planning will present on a variety of timely topics. Owners’ Counsel of America’s Hawaii Member, Robert Thomas, Owner’s Counsel’s Executive Director, Leslie Fields, and Glenn Roper with the Pacific Legal Foundation will all participate in a panel discussion on the landmark Knick case. Further, Katie Gray, an affiliate member with Owners’ Counsel of America and an associate with Faegre Drinker & Biddle will present on Oil and Gas Assets in Eminent Domain. For more information about the conference and how to register, click here.
September 17th, 2020 — In News & Events
Brigham-Kanner Property Rights Conference Will Be a Virtual Format This Year
It’s not too late to register for the annual Brigham-Kanner Property Rights Conference presented by the William & Mary Property Rights Project.This ground-breaking conference is held in honor of OCA founder Toby Prince Brigham and OCA Honorary Member Gideon Kanner for their lifetime contributions to private property rights. The conference is designed to bring together members of the bench, bar, and academia to explore recent developments in the law that affect property rights. The Brigham-Kanner Property Rights Conference began in 2004 at William & Mary Law School. Each year, the conference awards the Brigham-Kanner Property Rights Prize to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty. This year’s award recipient is Professor Henry Smith of Harvard Law School. The Conference will honor Henry Smith on Thursday, October 1, and the conference panels will be held on Friday, October 2. Both portions will be presented live over Zoom this year. To find out more details and/or register, click here.
September 17th, 2020 — In News & Events
ALI-CLE Eminent Domain and Land Valuation Litigation Conference Virtual Next Year
Due to ongoing concerns with travel and large public gatherings that we don’t expect to subside in the coming months, ALI CLE has decided to cancel the annual Eminent Domain and Land Valuation Litigation conference which was previously scheduled for January 28-30, 2021 at the Doubletree hotel in Scottsdale, Arizona. They are, however, still planning a virtual conference for the same dates (minus Saturday) to ensure that attendees can still get the updates they need from top practitioners in the field. They are planning two half days of carefully selected topics, and will be announcing the line up sometime this fall. To hear more about what they have up our sleeves, please watch this video from planning co-chair, Robert Thomas.
OCA’s Missouri Member Paul Henry Represents Property Owner in Taking for $190M Development Project
The St. Louis County Circuit Court recently approved University City’s request to condemn seven commercial properties within the footprint of Novus Development’s nearly $190 million project. Novus’ plans to use the site at Olive and Interstate I-70 to develop a mix of retail anchored by a Costco store, apartments, offices and potentially a hotel. Last year, the City approved $70.5 million in tax increment financing for the project. OCA Missouri Member, Paul Henry represents SSC Acquisitions, which entity owns one of the four properties impacted by the project. For more information about the project please click here.
7th Circuit Rules Construction of the Obama Presidential Center Is Not A Taking Under The Fifth Amendment
OCA’s Affiliate Member Michael Ryan covers in his firm’s blog the recent Seventh Circuit Court of Appeals decision in Protect Our Parks, Inc. v Chicago Park District, 2020 WL 4915631, affirming a grant of summary judgment in favor of the government on a Fifth Amendment takings claim. Protect Our Parks, Inc. and several individual Chicago residents had sued the City of Chicago and the Chicago Park District in federal court to halt the construction of the Obama Presidential Center in Chicago’s Jackson Park by its sponsor, the Barack Obama Foundation. Plaintiffs argued several legal theories, one of which was a claim arising under federal law that, by altering the use of Jackson Park and handing over control to the Barack Obama Foundation, the defendants took the plaintiffs’ property interest for a private purpose in violation of the Takings Clause of the Fifth Amendment. In ruling against the plaintiffs on the merits, the Seventh Circuit found that the plaintiffs failed to prove they have a private property interest in Jackson Park that is protected by the United States Constitution. The case is also covered in OCA Member Robert Thomas’ Inverse Condemnation Blog which you can read here.
Missouri’s Grain Belt Express HVDC Transmission Line Project (Easements and Eminent Domain)
Submitted by OCA Missouri Member Paul Henry Despite many ups and downs and much opposition from Missouri property owners, a proposed electric transmission line necessitating the acquisition of 206 miles of easements is still in the works to cross Northern Missouri. The massive transmission line was designed by Clean Line partners to deliver wind-generated energy from Kansas to the Illinois and Indiana border. The propose line is unique in the amount of energy it will carry – 600 kilovolts to deliver 4,000 mega-watts of power – and the type of electrical current – direct current. The project was initiated by an investment group known as Clean Line Energy Partners, but it was recently acquired by Invenergy, LLC based in Chicago, Illinois. The process for approval of the Project has a long history that is only summarized below: July 2015 – Rejected by Missouri Public Service Commission as not being in the public interest. August 2017 – Rejected by Missouri Public Service Commission for failure to obtain assent by counties. July 2018 – Missouri Supreme Court reverses Missouri PSC rejection. March 2019 – Approved by Missouri Public Service Commission December 2019 – Court of Appeals rejects landowner challenge to PSC approval. July 2020 – Court of Appeals rejects landowner challenge of transfer of project from Clean Line Partners to Invenergy, LLC The state approval process for the Missouri portion appears to be completed. However, many hurdles remain. Invenergy still must obtain county approvals and the project does not have approval from […]