OCA Blog
March 22nd, 2016 — In Articles
Eminent Domain vs. Inverse Condemnation: What’s the Difference?
Owners’ Counsel of America member-attorneys are dedicated to assisting private property owners defend their property rights when those rights are threatened by government intrusion or overreach. We realize that many of terms we discuss here and the concepts involved in eminent domain law are complex and can be confusing. To shed some light on this “dark corner of the law” we have answered some of the frequently asked questions landowners may have relating to eminent domain and...
Read MoreMarch 14th, 2016 — In News & Events
Alabama Attorney Casey Pipes Joins OCA’s Nationwide Network of Eminent Domain Attorneys
OCA is pleased to announce that Alabama real estate and condemnation lawyer, Casey Pipes, was recently selected for membership in the association. Mr. Pipes will succeed his partner, Warren C. Herlong, Jr., as the Alabama member of OCA.Warren, a charter member of OCA and former Director on OCA’s Board of Directors from 2013 to 2016, has been named as an Emeritus Member of the association.
Read MoreMarch 8th, 2016 — In Articles
State and Federal Legislators Considering Changes to Eminent Domain Laws
Recently, state and federal lawmakers from across the country have introduced a number of legislative changes in the areas of private property rights and eminent domain. In this article, we highlight some of the latest (potential) legislative developments.
Read MoreMarch 3rd, 2016 — In Articles
I Received a Condemnation Notice. What are My Rights?
If you received a condemnation notice or a notice that your property may be needed for a public project, it means that a federal, state or local government authority is seeking to acquire your property (or an interest in your property) using the power of eminent domain. Eminent domain is the power granted to the government and governmental agencies to seize private property for public use. This power is not absolute...
Read MoreFebruary 29th, 2016 — In News & Events
Virginia Property Rights Attorney Jeremy Hopkins Joins OCA
OCA is pleased to welcome eminent domain and property rights lawyer Jeremy P. Hopkins as the Virginia member of OCA’s nationwide network of eminent domain attorneys. Mr. Hopkins succeeds his partner, Joseph T. Waldo, who was a founding member of OCA and who has been named as an Emeritus Member of the association. OCA is grateful to Joe Waldo for his years of dedication and commitment to OCA and to...
Read MoreFebruary 22nd, 2016 — In Articles
Eminent Domain & Property Rights: Where Do the 2016 Presidential Candidates Stand on these Fundamental Issues?
Republican Presidential Candidates Discuss Their Opinions on Eminent Domain With the Presidential race heating up and the field of candidates narrowing down, more and more issues are revealing distinctions between the hopefuls for the Oval Office. Somewhat surprisingly, one issue that recently created a bit of controversy among Republican candidates was the issue of eminent domain. The current Republican front runners – Donald Trump, Ted Cruz, and Marco Rubio...
Read MoreFebruary 11th, 2016 — In News & Events
Property Rights Lawyer Donald Joe Willis Honored With OCA’s 2016 Crystal Eagle Award
On January 30, 2016 Owners’ Counsel of America honored Oregon property rights, land use and condemnation attorney Donald Joe Willis with the Crystal Eagle Award for his advocacy over more than four decades on behalf of private property owners in land use, eminent domain and regulatory takings litigation throughout Oregon and nationally.
Read MoreFebruary 1st, 2016 — In Articles
Can Prohibiting Demolition Constitute a Taking?
While it is clearly a taking when the government institutes condemnation proceedings to acquire private property and demolish any improvements upon the land, it’s much less clear that the government has taken an owner’s property rights when it tries to prohibit demolition on the owner’s private property. This issue arose in a recent case decided by Ohio’s First District Court of Appeals on December 30, 2015. The short answer:...
Read MoreJanuary 28th, 2016 — In Articles
Rails-to-Trails Takings: Property Owners’ Rights When Land Use Changes
In 1983, Congress enacted the federal National Trails System Act Amendment (known as the “Rails-to-Trails Act”) in order to preserve abandoned railroad rights of way by converting them into public recreational trails. Trails established under the Rails-to-Trails Act can range from walking and biking trails to green spaces for public use, such as the New York City High Line which was the subject of a recent takings case in...
Read MoreJanuary 25th, 2016 — In Articles
Georgia Court Rules Property Owners Are Entitled to Compensation and Attorneys’ Fees for Abandoned Condemnation Efforts
As we have previously discussed, while the Fifth Amendment to the U.S. Constitution requires payment of just compensation when the government exercises its power of eminent domain, several states have laws in place that provide property owners with additional financial remedies under certain circumstances. One such remedy that exists in many states is the ability to recover attorneys’ fees—typically when the government does something (such as making an unreasonably...
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