OCA Blog

Kudos to Michael D. D. White (Noticing New York) for his amazing post (A Christmas Eve Story of Alternative Realities: The Fight Not To Go To Pottersville (Or Ratnerville) 12.24.09). White posted an eloquent adaptation of Frank Capra's 1947 film It's a Wonderful Life suggesting that if the movie were taking place in today's New York, the lead character, George Bailey, would find similar monopolies and abuses of power...

Sharing is caring!

Last month, Roanoke Judge William D. Broadhurst granted Roanoke Redevelopment and Housing Authority's (RRHA) petition to take private property owned by Jay and Stephanie Burkholder (B&B Holdings, LLC) using the Authority's power of eminent domain. Judge Broadhurst indicated in his November 12, 2009 correspondence to counsel that although evidence had been presented by B&B's attorneys which "clearly suggests to the Court that the City was responding to pressure from...

Sharing is caring!

As we noted here previously, the U.S. Supreme Court heard oral arguments yesterday in the most recent property rights case to go before the bench Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection.

Sharing is caring!

The Supreme Court has released the unofficial transcript for today's argument in Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection. A pdf of the transcript is available here. More to follow once we have had time to read it.

Sharing is caring!

Yesterday Fox Business News featured a segment on eminent domain with John Stossel. OCA Member and Institute for Justice Senior Attorney, Dana Berliner (co-counsel to Susette Kelo), and Jeff Benedict, author of "Little Pink House." Discussion focused on Kelo, Pfizer's recent announcement that it would leave New London and eminent domain abuse in general. Stossel also points to Anaheim, California as an example of how government can stimulate development...

Sharing is caring!

On Wednesday, December 2, 2009, the U.S. Supreme Court will hear oral arguments in Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, et al. For background on the case see our previous posts here and here as well as the case resource page on inversecondemnation.com by OCA Hawaii Member, Robert Thomas.

Sharing is caring!

In a decision released today, New York's highest court upholds 6-1 the use of eminent domain by the New York State urban Development Corporation d/b/a Empire State Development Corporation ("ESDC") for the multi-use Atlantic Yards project in Brooklyn.

Sharing is caring!

In Tuesday's election, Texas voters overwhelmingly voted in favor of Proposition 11, a constitutional amendment limiting the state's eminent domain powers. Prop 11 (H.J.R. 14, Article 1) limits the use of eminent domain for public use and specifically defines "public use" to specifically not include "the taking of private property for...transfer to a private entity for the purpose of economic development or enhancement of tax revenue purposes." (See "Analyses...

Sharing is caring!

The opinion piece below appeared in today's Arizona Daily Star and is attributed to Senator John McCain. Senator McCain clearly disagrees with the decision of the U.S. Supreme Court in Kelo and even calls upon the Court to revisit "its decision in the near term because it is irresponsible for the court to abandon long-held limitations on government power." Although it is unlikely that the Court will revisit Kelo...

Sharing is caring!

The sixth annual Brigham-Kanner Property Rights Conference and presentation of the 2009 Brigham-Kanner Property Rights Prize was held this past weekend, October 16 & 17, at the College of William & Mary Law School in Williamsburg, Virginia. The 2009 Brigham-Kanner Property Rights Prize was presented to Professor Richard E. Pipes, Professor Emeritus of History at Harvard University in the historic Sir Christopher Wren Building – America’s oldest academic building...

Sharing is caring!