Author: OwnersCounsel

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.

The November/December 2013 issue of Right of Way magazine published by the International Right of Way Association features an excellent interview with our colleague, mentor, and friend, Gideon Kanner. True to Gideon’s “tell it like it is” style, “A Fierce Advocate for Just Compensation” is an honest and witty one-on-one with this powerhouse of eminent domain and property rights law.

The Owners’ Counsel of America (OCA) and National Federation of Independent Business (NFIB) Small Business Legal Center* filed an amici curiae brief in support of the landowner in Brandt v. United States, No. 12-1173 (cert. granted October 1, 2013) urging the United States Supreme Court to reverse a Tenth Circuit Court of Appeals decision which held that the United States retained an implied reversionary interest in railroad rights of way.

The Owners’ Counsel of America and National Federation of Independent Business (NFIB) Small Business Legal Center have jointly filed an amici curiae brief in support of the landowner in Brandt v. United States, No. 12-1173 (cert. granted October 1, 2013) urging the United States Supreme Court to reverse a Tenth Circuit Court of Appeals decision which held that the United States retained an implied reversionary interest in railroad rights of way.

On October 18, OCA member-attorneys participated in the 10th annual Brigham-Kanner Property Rights Conference at William and Mary Law School in Williamsburg, Virginia. Annually, legal scholars, practitioners and members of the judiciary who have a specific interest in property law and property rights gather to discuss current topics in takings law and property rights.

We are currently attending, along with a number of legal scholars, practicing lawyers and law school students, the 10th Annual Brigham-Kanner Property Rights Conference at William & Mary Law School in Williamsburg, Virginia. The Conference began Thursday evening with the presentation of the Brigham-Kanner Prize to Professor Thomas W. Merrill, the Charles Evan Hughes Professor at Columbia Law School.

Earlier this week the U.S. Supreme Court granted certiorari in Brandt Revocable Trust v. United States, (12-1173). As our colleague, Robert Thomas, explains this was a “not-entirely-unexpected move” by the Court due to the fact that the Tenth Circuit acknowledged that its ruling created a “circuit split” and the Solicitor General did not oppose the landowner’s petition.

Jacksonville-based eminent domain and property rights attorney, Andrew Prince Brigham, has been invited to speak at the 10th Annual Brigham-Kanner Property Rights Conference in Williamsburg, Virginia, October 17-18, 2013. Mr. Brigham, principal attorney at Brigham Property Rights Law Firm, PLLC and the Florida member of Owners’ Counsel of America, will take part in a roundtable discussion regarding the extent to which government should restrain from interfering with private property rights.

The William & Mary Law School Property Rights Project has invited Minneapolis-based condemnation lawyer, Mark D. Savin, to speak at the 10th Annual Brigham-Kanner Property Rights Conference October 17-18, 2013 in Williamsburg, Virginia.

Yesterday, in St. Louis Cnty v River Bend Estates Homeowners’ Ass’n, No. SC92470 (Sep. 10, 2013), the Missouri Supreme Court unanimously upheld the constitutionality of Missouri’s Heritage Value Statute,§§ 523.001(2) and 523.061 RSMo, that awards certain property owners a 50% increase over the fair market value of their property when the property is taken by eminent domain.