Monthly Archives: April 2022
April 30th, 2022 — In OCA Blog
Common Sense and Common Law: Defining “Property”in Cedar Point v. Hassid
Owners’ Counsel of America Honorary Member and Senior Lawyer with the Pacific Legal Foundation Robert Thomas has recently written an article on the U.S. Supreme Court’s recent blockbuster regulatory takings decision in Cedar Point v. Hassid. The article was published by The Practical Real Estate Lawyer. In it, Mr. Thomas concludes that in arriving at its decision defining the critical term in the case—the meaning of “private property” in the Fifth Amendment, the U.S. Supreme Court essentially applied what he calls an “intuitive approach.” To read what this means and the article in its entirety, click here.
April 26th, 2022 — In OCA Blog
When Local Code Enforcement Actions Lead to Property Takings
Property owners from across the country have been reaching out to Owners’ Counsel of America in search of answers to the scourge of government code enforcement actions being leveled against them. These actions can sometimes lead to the seizure of private property. While this is not a situation that OCA or OCA members generally handle, in an effort to provide some useful guidance and assistance to property owners being subjected to this type of action, OCA has drafted an article containing basic information that can be accessed via its website under Landowner Resources. The article can also be read by clicking here. While every situation is different and largely dependent upon the ordinances and laws in the subject jurisdiction, there are steps and measures that property owners can take to help mitigate the impact of code enforcement claims, particularly those that may lead to the loss of property or valuable property rights. As in every situation involving your must valued physical asset, your property, consultation with an attorney knowledgeable about code enforcement actions in your jurisdiction is highly recommended.
April 26th, 2022 — In OCA Blog
The Legacy of Historic Discrimination Against Asian Immigrants Holding Property
OCA Honorary Member and Vice President of Legal Affairs for the Pacific Legal Foundation, James Burling, writes in a new article about the many ways and means by which governments, particularly in California, discriminated against Asian immigrants’ right to earn a living and hold property. When the Statue of Liberty was erected in 1875, Jim writes, it stood as a beacon for freedom and openness, welcoming immigrants from around the world. Millions came seeking a country where they could flourish and pursue their own happiness. But that promise rang hollow for many Asian immigrants who had to endure a host of state laws—and state constitutions as well—designed to stop immigration and deny employment opportunities, and even the right to own property. By stripping these immigrants of the right to earn a living and later the right to own property, state-sponsored discrimination against Asian immigrants became a hallmark of late 19th- and early 20th-century legislation. To read Jim’s article in its entirety, simply click here.