OCA Blog

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...

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May 3rd, 2016 — In News & Events

California Supreme Court Hears Oral Argument Today in Important Eminent Domain Case

Beginning at 9:00 AM (Pacfic) today, the California Supreme Court will live-stream oral arguments in an important eminent domain and property rights case, Property Reserve, Inc. v. Superior Court, case number S217738.  This is the case in which the Third District Court of Appeal held that a request made by the California Department of Water Resources (DWR) to enter private property to undertake geological and environmental activities such as boring holes...

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April 29th, 2016 — In News & Events

OCA Members Anthony DellaPelle & Edward McKirdy Honored Among Top 100 New Jersey Super Lawyers for 2016

Owners’ Counsel of America wishes to congratulate OCA Members Anthony F. DellaPelle and Edward D. McKirdy, partners with McKirdy & Riskin, PA, on the honor of being included in the Top 100 2016 New Jersey Super Lawyers, a distinction both have earned annually since 2009.  Anthony DellaPelle is the New Jersey member of Owners’ Counsel of America (OCA) and serves on OCA’s Board of Directors.  Edward McKirdy is an Emeritus Member...

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April 25th, 2016 — In Articles

Two Judges Approve Use of Eminent Domain for New Jersey Dunes

As we have previously discussed, beachfront property owners in New Jersey are currently in a battle with the state’s Department of Environmental Protection over the department’s efforts to condemn portions of their property for a beach-widening and dune-building project along the New Jersey shore. While the Department of Environmental Protection asserts that the project is necessary to protect the shore from future storms similar to 2012’s Hurricane Sandy, the...

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April 18th, 2016 — In Articles

Property Owners Entitled to Just Compensation for Intentional Flooding of Their Land

In some inverse condemnation cases (in which the government takes private property without properly exercising its power of eminent domain), the taking involves some sort of constructive use, such as the building of a road, sidewalk, utility infrastructure or park. These uses are most often intended to be permanent – and whether the taking involves a transfer of ownership or establishment of an easement or right-of-way, the private landowner...

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April 12th, 2016 — In News & Events

Eminent Domain Film, Battle For Brooklyn, to be Screened at Jacksonville Documentary Film Festival

“Nobody’s gonna remember how long it took. They’re only gonna look and see that it was done.” – New York Mayor Michael Bloomberg, on the use of eminent domain to build the Barclays Center sports arena and mixed-use development in Brooklyn While attending an eminent domain CLE In 2011, we previewed a “rough cut” of a documentary film chronicling the story of Brooklyn property owner, Daniel Goldstein, and his neighbors as they...

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April 11th, 2016 — In Articles

The Government is on My Property. What are My Rights?

As a United States citizen, the U.S. Constitution, federal laws and the Constitution and laws of your state protect you against government intrusion upon your private property.  While the Fifth Amendment to the U.S. Constitution establishes that government authorities may use the power of eminent domain to take private property, the Fifth Amendment limits the power of eminent domain by requiring that the taking of private property be for a public purpose and...

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April 7th, 2016 — In News & Events

2016 Brigham-Kanner Property Rights Conference to be Held at The Hague; Hernando de Soto to Receive Brigham-Kanner Property Rights Prize

The William & Mary Property Rights Project recently announced that Peruvian economist Hernando de Soto, president of the Institute for Liberty and Democracy (ILD), will receive the 2016 Brigham-Kanner Property Rights Prize at the 13th annual Brigham-Kanner Property Rights conference October 2016.  The Property Rights Project also announced its cooperation with the Grotius Centre for International Legal Studies of Leiden Law School and plans to host this years event in The Hague.  

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March 28th, 2016 — In Articles

Understanding the Tax Consequences of Condemnation

                      When a government agency or other entity with the power of eminent domain acquires or condemns private property, the private owner is entitled to “just compensation” for the value of the property taken. This compensation – or at least the majority of it – is essentially paid as the purchase price for the condemned property. Eminent domain involves...

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March 22nd, 2016 — In News & Events

OCA Condemnation Lawyer Michael Rikon Earns Prestigious CRE® Designation

The Owners’ Counsel of America is pleased to announce that Manhattan eminent domain lawyer Michael Rikon, the New York representative to OCA, recently received a CRE® designation from the Counselors of Real Estate®. Mr. Rikon, a partner at Manhattan-based Goldstein, Rikon, Rikon & Houghton, P.C, has practiced law in New York since his admission to the Bar in 1969.  Of the more than 1,100 CREs worldwide, Mike is one of the...

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