November 2nd, 2015 — In Articles
Easements and Restrictive Covenants: When the Government Takes Without Taking
When most people think about eminent domain and the condemnation of private property, they imagine the government acquiring a citizen’s private property and converting it to a public use. While this is often the case, it is not the only way that the government can acquire private property. Governments may claim “non-possessory” rights in private land. Such rights allow the government to either (i) use, or (ii) place restrictions on a landowner’s use of private property.
October 28th, 2015 — In Articles
The Keystone XL Pipeline Isn’t the Only Pipeline Concerning Property Owners
We have talked a lot recently about the ongoing debate and eminent domain issues involving TransCanada’s proposed Keystone XL Pipeline across the western United States. But, this is by no means the only pipeline activity going on in the country. In fact, up and down the East Coast, property owners – many of whom are represented by our eminent domain lawyers – are battling to protect their land against a number of different pipeline projects.
October 22nd, 2015 — In Articles
Non-Possessory Takings: North Carolina Supreme Court to Consider Inverse Condemnation in Future Highway Development Case
In a case that has garnered national attention, the North Carolina Supreme Court has agreed to review a court of appeals decision holding that a state statute effected a taking – and thereby implicated the property owners’ Constitutional rights. It is an interesting case — one that could have significant implications for property owners across the country.
October 12th, 2015 — In Articles
Just Compensation, Relocation Expenses and Attorneys’ Fees: Financial Compensation in Eminent Domain
Property owners who have their land condemned by the government are entitled to just compensation. This is a fundamental right established by the Fifth Amendment to the U.S. Constitution and contained in state constitutions as well. While these constitutional protections are often the greatest source of compensation for property owners in eminent domain cases, they are not the only sources. Depending on the circumstances, various statutes may provide additional financial recourse for individuals and businesses that have their property taken using the power of eminent domain. These statutes often: Require payment of more than “just compensation” under certain circumstances Entitle property owners to recover their attorneys’ fees for defending their rights in a condemnation suit Provide property owners with compensation for their relocation costs.
September 28th, 2015 — In Articles
Recent New York Condemnation Case Highlights Key Issues for Owners Seeking to Protect Their Property
A recent decision from New York highlights many of the key arguments that eminent domain attorneys can raise on behalf of their landowner clients in cases involving eminent domain. Although the property owners in this case were unsuccessful in their attempt to dismiss the taking, the arguments are instructive for property owners considering taking action to protect their legal rights.
September 21st, 2015 — In Articles
More Answers to Property Owners’ Frequently Asked Questions about Eminent Domain
The concepts – and even terminology – involved in eminent domain law are complex and can be confusing. To help property owners understand the condemnation process, we have published answers to many frequently asked questions (FAQs). In this article, we provide answers to some additional FAQs that might be helpful to property owners. The answers provided are for informational purposes only, and should not be construed as legal advice. For a free initial consultation, please contact an Owners’ Counsel eminent domain lawyer to discuss your situation.
September 5th, 2015 — In Articles
Can I Afford to Hire an Eminent Domain Attorney?
You have received a notice from the government informing you that your property is needed for a public project. The notice suggests that the government will use its power of eminent domain to take your property, if you can not reach an agreement on the price that the government should pay you for your land. The idea of challenging the government to defend your property, protect your rights and make sure that you are compensated fairly can be overwhelming and may even seem out of reach. You might wonder if you can afford to hire an experienced condemnation attorney to guide you through the eminent domain process and defend your property rights.
September 4th, 2015 — In Articles
Property Owners’ Frequently Asked Questions About the Keystone XL Pipeline
If you own property on the proposed route of the Keystone XL Pipeline, it is important to understand your legal rights. Below are answers to some frequently asked questions about the Keystone XL Pipeline. You can also read our answers to frequently asked questions about eminent domain.
September 2nd, 2015 — In Articles
Understanding Your Rights in Inverse Condemnation and Regulatory Takings Cases
The Fifth Amendment to the U.S. Constitution establishes that the government must pay property owners just compensation for the taking of private property for a public purpose. Most government takings involve the condemnation of private property using the power of eminent domain. In a typical eminent domain case, the government issues a notice in advance of the taking and in most jurisdictions makes an initial offer to purchase the needed property.
The Saga of the Keystone Pipelines in Nebraska: Unconstitutional Regulation, and Lessons on How to Acquire Property and How Not to Acquire Property
Members of Owner’s Counsel of America, who regularly represent property owners in condemnation situations, tend to be naturally very protective of private property rights. We enjoy events that shed light on this dark corner of the law, especially when they help to shape public opinion in favor of property rights.