Author: OwnersCounsel

In his recent article written for the New York Law Journal and entitled ‘Urban Renewal, An Assault on Black Neighborhoods,” OCA member Mike Rikon speaks of  how interstate highways, many of which were built to serve white suburban commuters, “were shoved through black neighborhoods, causing surrounding blight and pollution.” Mr. Rikon says these actions were fueled by the Federal Housing Act of 1949, which authorized cities to use eminent domain to clear “blighted neighborhoods” for a “higher use.” To read Mr. Rikon’s excellent article in its entirety click here.

OCA’s Iowa Member, Dan Manning, is now representing several property owners in Cedar Rapids who are losing their homes because of past floods and fears about future flooding in their neighborhood near the riverfront area. Calling the takings “above and beyond” the usual scenario, Dan Manning explained the difficulty his clients faced in finding replacement property. “These are their homes, they’ve been there and they’re very unique in their own way,” said Manning. Across the country, many private property owners are facing the same challenges and possibility of being forced to relocate due to climate impacts. To read more about this story click here. 

Owners’ Counsel of America is pleased to announce the selection of two new Primary Members. Derrick Braaten from North Dakota is the owner of Braaten Law Firm and Kim Ellis Ritchie from Oklahoma is the owner and founder of Ritchie, Rock & Atwood. Both men practice in the areas of business, agricultural, and real estate law, with a heavy emphasis on eminent domain cases, predominantly (if not exclusively) on behalf of private property owners. Kim Ritchie also focuses on civil litigation, having tried over 75 jury trials over the course of his career “We are thrilled to have such outstanding lawyers join our ranks,” says OCA’s Executive Director Leslie Fields. “These are both states where we have not previously had OCA representation because we were waiting to find the perfect candidates—lawyers that would measure up to our high standards of excellence, experience and dedication to the representation of private property owners.” 

Owners’ Counsel of America is pleased to announce that Shelly Vallone, a third year law student attending William & Mary Law School, has received the Toby Prince Brigham OCA Scholarship for 2023. “Shelly received a glowing recommendation from Robert Thomas, her Property Rights professor at William & Mary,” says OCA Executive Director, Leslie Fields. The Scholarship was created to honor OCA’s founder, Toby Prince Brigham. It is designed to inspire the next generation of lawyers to take up the cause of protecting and defending private property rights. For more information about the scholarship visit OCA’s website at ownerscounsel.com

In Lafayette City-Parish vs. Bendel Partnership, the Court of Appeals for the Third Circuit in Louisiana ruled in favor of OCA Member Randy Smith, when it sided with his client that LCP lacked the prerequisite necessity to take the property by eminent domain for a detention pond project. Agreeing with the trial court’s findings based on an extensive evidentiary hearing, the Court ruled that the Parish had acted arbitrarily, capriciously, or in bad faith in its’ decision to take the property. In the case, the property owner had claimed that the property was not being taking for a valid public purpose and more property than was needed for the project was being taken. The court also ruled that the property owner’s reservation of an attorney fee claim against LCP was properly preserved. The Institute for Justice filed an Amicus Brief in the case in support of the property owner. For a full reading of the decision and the facts upon which the decision was based click here.

Today, an excellent Student Program started off the Brigham-Kanner Property Rights Conference at William & Mary law school. Named in recognition of Toby Prince Brigham and Gideon Kanner for their lifetime contributions to private property rights and their efforts to advance constitutional protection of property, the conference began in 2004 and continues to this day.  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 Prize is awarded each year to an individual whose work affirms that property rights are fundamental to protecting individual liberty. For 2022, the Prize will be given to James Burling, Vice President of Legal Affairs at the Pacific Legal Foundation.

In response to an emergency ordinance recently approved by the Town of Vail to suspend all permits for any activity on Vail Resorts’ property in East Vail, Colorado, pending the filing of a condemnation action to preclude a planned affordable housing project, OCA Member Sarah Kellner has filed a lawsuit against the Town calling its actions both “drastic and unprecedented.” Vail Resorts objects to the emergency ordinance because the town was well aware of the proposed workforce housing project for months and even years. “A town cannot circumvent its own code by creating its own emergency,” the lawsuit states. The lawsuit also contends that Vail has permitted other projects “squarely in the middle” of bighorn sheep range but has raised environmental impacts as a reason for preventing Vail to build its project “on the very edge of that same range.” The lawsuit asks the court to overturn the emergency ordinance and require the town to issue permits as needed for the project.

Don’t miss next year’s Eminent Domain and Land Valuation Litigation Conference taking place in Austin Texas from February 2-4th. Celebrating its 40th Year, this conference has become the place to be for any professional working in the area of property rights or eminent domain law. For those interested in registering early, not only for the conference, but for the limited book of discounted rooms at the conference hotel, simply click here.  

Aided by many people, including OCA’s Maryland member Joe Suntum, the Eaddy family finally prevailed in their 18 year battle with the city of Baltimore and New York-based La Cité Development to preserve their home from being taken by eminent domain. “Losing my home is like a death to me,” states the message painted some time ago on the side of the Eaddy house, a place they had lived in since 1992. Characterizing the threat of eminent domain as “violent,” Sonia Eaddy described the slow and agonizing deterioration of her historically black neighborhood of Poppleton in West Baltimore over the many years that the city and developer planned to “revitalize” the area, with very little progress being made. Under the cloud of eminent domain, like so many other neighborhoods, Poppleton experienced chronic displacement and demolition, except for two sleek buildings dubbed Center/West.

Clint Schumacher recently interviewed the leaders of three important national property rights organizations on his Eminent Domain Podcast. They were Dana Berliner, Senior Vice President and Litigation Director for the Institute for Justice; James Burling, Vice President of Legal Affairs for Pacific Legal Foundation, and Leslie Fields, Executive Director of the Owners’ Counsel of America. During the podcast, you will learn how each got their start in the field of eminent domain and property rights, the landmark cases that have shaped their careers, and the issues and cases that are on the horizon at each of their organizations. To hear the entire podcast, click here.