Author: OwnersCounsel

August 31st, 2016 — In News & Events

Hawaii Supreme Court Accepts Certiorari in Eminent Domain Case; Owners’ Counsel and NFIB Filed Amici Brief

On August 22, the Supreme Court of Hawaii accepted the Application for Writ of Certiorari filed July 10, 2016 by the landowner in County of Kauai v. Hanalei River Holdings, Ltd., No. SCWC-14-0000828.  The Owners’ Counsel of America (OCA) joined with the National Federation of Independent Business (NFIB) Small Business Legal Center to file an amici curiae brief in the case urging the Court to review and overturn the appellate court’s decision.  

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August 1st, 2016 — In News & Events

Owners’ Counsel Attorneys Chair New National Eminent Domain Seminar

The practice of eminent domain is becoming more and more dependent upon occurrences on the national level.  Now more than ever, eminent domain lawyers must be knowledgeable about activity outside their own jurisdictions. Join OCA attorneys from around the country in Las Vegas this September 29 and 30 for a two-day program presented by CLE International focused on helping attorneys to stay informed about the most important developments in eminent domain litigation all across the country.

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July 18th, 2016 — In Articles

While One State Seeks to Limit Powers, Another Seeks to Reinvigorate Use of Eminent Domain

Since the infamous 2005 Supreme Court Kelo decision, many have watched as state and federal legislators across the country consider a variety of laws relating to eminent domain and property rights. Some of these laws have specific purposes – such as the APPROVAL Act that Arkansas’s congressional delegation proposed in 2015 – while others are intended to more broadly restrict or expand the government’s power to condemn private land. Two recently-proposed bills on opposite sides of the country fall into this latter category, albeit with diametrically opposite aims.

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July 14th, 2016 — In Articles

North Carolina Supreme Court Holds Map Act Unconstitutional

In an important victory for property owners, the North Carolina Supreme Court recently held that key provisions of the state’s Map Act are unconstitutional. As a result of the Court’s ruling June 10, 2016, affected property owners will be entitled to just compensation for the state’s regulatory taking of their properties. Additionally, landowners throughout the state may seek just compensation in the event that the North Carolina Department of Transportation (NCDOT) prevents them from improving their land in order to reserve property for future roadway development projects.

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June 30th, 2016 — In FAQ

Dictionary of Key Terms

Below are general definitions of key terms that are often used in eminent domain and other taking cases. Please note that the precise definition of any of the following terms may differ depending upon the state or jurisdiction applicable to the relevant matter. Additional Information on Eminent domain Our website is full of resources for individuals and businesses threatened with the loss of their private property rights. For more information on the law of eminent domain and inverse condemnation, you can read: Calculating Just Compensation Eminent Domain vs. Inverse Condemnation: What’s the Difference? Property Owners’ Frequently Asked Questions about Eminent Domain Understanding Your Rights in Inverse Condemnation and Regulatory Takings Cases When Can Property Owners Challenge Eminent Domain? Can I Afford to Hire an Eminent Domain Attorney? Speak With an Eminent Domain Lawyer at Owners’ Counsel of America Owners’ Counsel of America (OCA) is a network of leading eminent domain lawyers throughout the United States. If the government is attempting to take your property, we encourage you to contact an OCA lawyer in your state for a free consultation. Locate your OCA lawyer online or call us at (877) 367-6963 to connect with an eminent domain lawyer today.

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June 29th, 2016 — In News & Events

OCA Files Amicus Brief In Support of Property Owners in NC “Public Trust Doctrine” Case

Along our country’s shores, a historical legal principle known as the “public trust doctrine” allows members of the public to access the beach beyond either the mean high or low water mark, even where this section of the beach (as well as the land above the water mark) is private property. This is the law in most states; and, until recently, it was clear that the public trust doctrine did not – and was not intended to –provide local governments the authority to interfere with landowners’ rights in the “dry sand” areas of their private property.

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June 13th, 2016 — In News & Events

Eminent Domain Attorneys with Owners’ Counsel of America Earn CRE® Designation

The Owners’ Counsel of America wishes to congratulate eminent domain attorneys Joseph P. Suntum of Maryland and William G. Blake of Nebraska who were recently awarded the CRE® designation from the Counselors of Real Estate®. A Counselor of Real Estate (CRE) provides intelligent, unbiased real estate advice that achieves the best results for a client or employer. Joe and Bill join the more than 1,100 CREs worldwide, including 5 other OCA attorney-members (Casey Pipes – Alabama, Jack Sperber – Colorado, Dwight Merriam – Connecticut, Anthony DellaPelle – New Jersey, and Michael Rikon – New York). 

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June 7th, 2016 — In Articles

California Court Rules that Obstructing a Private View Does Not Amount to Inverse Condemnation

A recent case out of the California Court of Appeal illustrates two important aspects of the law of inverse condemnation in The Golden State. Inverse condemnation involves the government appropriating private property rights without adhering to the Constitutional and legal requirements for the exercise of eminent domain (including payment of just compensation). You can read more about the differences between eminent domain (also referred to as “condemnation”) and inverse condemnation here.

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May 25th, 2016 — In Articles

Owners’ Counsel of America Files Amici Brief with The Cato Institute in SCOTUS Property Rights Case

On January 15, 2016, the Supreme Court of the United States announced that it will hear the regulatory takings case of Murr v. Wisconsin, No. 15-214, an appeal out of the Wisconsin Court of Appeals. Wisconsin’s intermediate court ruled that a property owner’s separate but adjacent parcels should be considered as a single property for purposes of determining if an uncompensated taking has occurred, despite the fact that doing so substantially deprived the owner of the value of one of the independent parcels. Owners’ Counsel of America (OCA) and The Cato Institute (Cato) are asking the Supreme Court to reach a different conclusion.  

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May 10th, 2016 — In Articles

Department of Energy Moves Forward With First-Of-Its-Kind Exercise of Authority While Bill to Protect Property Owners Remains Pending

Last year, Representative Steve Womack (R-AR) and Senator John Boozman (R-AR) proposed matching versions of the Assuring Private Property Rights Over Vast Access to Land Act (the “APPROVAL Act”) in the House and Senate. The APPROVAL Act would limit the U.S. Department of Energy’s authority under Section 1222 of the Energy Policy Act of 2005 by requiring approval from a state’s governor and public service commission for any Section 1222 energy transmission project before the federal government may use the power of eminent domain to take private property.

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