OCA Blog
June 5th, 2019 — In Uncategorized
OCA Member Thor Hearne Files Another Rails to Trails Case
Thor Hearne, a parter at Larson O’Brien and perhaps the best known lawyer specializing in Rails to Trails litigation recently filed another lawsuit in the Federal Court of Claims on behalf of 150 landowners whose property is part of an eight-mile rail corridor that will be used to expand Sarasota’s “Legacy Trail.” Despite the fact that in the last 10 years the federal government has had to pay millions to...
Read MoreMay 6th, 2019 — By Dwight H. Merriam, CRE — In Articles
OCA Member Dwight Merriam Weighs In On Controversial Topic Before Connecticut Supreme Court
Over the last 40 years, more than 8 million babies have been born through the miracle of in vitro fertilization, creating new love and new families.But when couples split, what happens to the embryos? Is this a property rights issue or someting else? It’s not an easy question to answer. Connecticut would benefit from a law that providesguidance. In the meantime, the Connecticut Supreme Court has that question before...
Read MoreApril 9th, 2019 — In Uncategorized
OCA Files Amicus Brief Challenging Practice of Conveying Immediate Possession to Natural Gas Pipeline Companies
Recently, several federal courts of appeals have upheld giving immediate possession of property (sometimes called quick take) to a private pipeline condemnor once a district court has ruled in favor of the pipeline that it qualifies to condemn property under 15 U.S.C. § 717f(h). These courts conclude that summary judgment grants a pipeline a “substantive” right, and therefore there’s no reason to not give it possession now by granting a...
Read MoreMarch 13th, 2019 — In News & Events
OCA Member Dwight Merriam Discusses the Truth About Trump’s Border Wall Plan
Whether he knows it or not, by declaring a national emergency to build his wall President Donald Trump has doomed the centerpiece of his presidency to an eternity of fights in Congress and the courts. Trump does not see or chooses not to see the naked truth that as a practical matter, the nature of eminent domain litigation and federal law will prevent him from ever assembling the land...
Read MoreMarch 6th, 2019 — In Uncategorized
Attorneys Hertha Lund, Casey Pipes and Joseph Suntum Elected as Newest OCA Board Members
Owners’ Counsel of America has elected three accomplished eminent domain attorneys to serve on its Board of Directors for 2019. They are OCA Members Hertha Lund with Lund Law, PLLC in Bozeman, Montana; Casey Pipes with Helmsing, Leach, Herlong, Newman & Rouse, PC in Mobile, Alabama; and Joseph Suntum with Miller, Miller & Canby in Rockville, Maryland. Hertha Lund represents landowners in matters involving eminent domain, property rights, water rights and wind energy development across the state of Montana....
Read MoreMarch 5th, 2019 — In Uncategorized
Mark F. (Thor) Hearne, II Joins Owners’ Counsel of America as District of Columbia Member
OCA is pleased to announce the selection of Mark F. (Thor) Hearne, II as the Primary OCA Representative for the District of Columbia. Thor Hearne is a partner in the Washington D.C. office of Larson O’Brien LLP. Mr. Hearne has earned a national reputation for his work in complex federal and state litigation, appeals, and class actions, especially matters involving election issues; property rights; and constitutional law. In the specific...
Read MoreMarch 1st, 2019 — In Uncategorized
OCA Member Dwight Merriam: Emergency Declaration Could Blow up President Trump’s wall
The idiom “hoist with his own petard” is sometimes misconstrued to mean hoisted up. Not so. A petard was a medieval explosive device. To be hoisted with one’s own petard is to be blown up with your own bomb. President Trump is doing precisely that with an emergency declaration to build his wall due to the legal and practical impossibility of acquiring the property rights necessary to build a...
Read MoreFebruary 22nd, 2019 — In Uncategorized
St. Bernard Parish Must Pay Over $18,000,000 More in Compensation for Violet Dock Port Property
OCA Member Randall Smith’s eight year battle with St. Bernard Parish Port Authority over the taking of his client’s property may be ending soon as a result of the Louisiana Supreme Court’s recent decision to leave in place an appellate court’s ruling that the parish needs to pay an additional $18 million in just compensation and interest. The high court’s 5-2 ruling in effect wraps up an intricate legal battle...
Read MoreFebruary 22nd, 2019 — In Uncategorized
Congratulations Institute for Justice for Your Win in CRDA v. Birnbaum
OCA Member Dana Berliner and the Institute for Justice received a great victory for the Birnbaum family recently in CRDA v. Birnbaum. A New Jersey appellate court ruled that the state’s Casino Reinvestment Development Authority (CRDA) could not use eminent domain for the purpose of seizing private property in order to “bank” it for a possible future use. The appellate court upheld the trial court’s 2016 decision concluding that...
Read MoreFebruary 10th, 2019 — In News & Events
Three New Directors Elected to Serve on OCA’s Board of Directors
Owners’ Counsel of America has elected three accomplished eminent domain attorneys to serve on its Board of Directors for 2019. They are Hertha Lund with Lund Law, PLLC in Bozeman, Montana; Casey Pipes with Helming Leach Law Firm in Mobile, Alabama; and Joseph Suntum with Miller, Miller & Canby in Rockville, Maryland. Hertha Lund represents landowners in matters involving eminent domain, property rights, water rights, and wind energy development across the State of...
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