OCA Blog
June 24th, 2021 — In OCA Blog
Pacific Legal Foundation Wins Big in Property Owner Taking Case
The U.S. Supreme Court ruled today in Cedar Point v. Hassid that California’s “access regulation” law allowing union organizers to enter agricultural property for a certain amount of time without the owner’s consent, constitutes a per se physical taking. In 2015, union activists entered Cedar Point Nursery seeking to encourage farm workers who worked there to join the United Farm Workers union. But the farm owner, Mike Fahner, didn’t give the union permission to...
Read MoreMay 25th, 2021 — In News & Events
Pipeline Company Must Pay Owners’ Attorney Fees in Bayou Bridge Trespass
The Bayou Bridge Pipeline company must pay owners their attorneys fees after they prevailed in obtaining compensation awards based on the company commencing work on their lands before getting legal permission, the Louisiana Supreme Court recently ruled. The seven justices agreed that Louisiana’s 1974 Constitution allows attorneys’ fees and litigation costs as part of the just compensation to landowners who win eminent domain proceedings. The company had argued that it...
Read MoreMay 16th, 2021 — In OCA Blog
Virginia Jury Awards Substantial Damage Award for Pipeline Bisecting Landowner’s Property
OCA member, Stephen Clarke’s representation of owners James and Kathy Chandler, resulted in a jury verdict of $430,000 against the Mountain Valley Pipeline’s taking of their “slice of heaven” atop Bent Mountain. The pipeline company had previously offered them $89,343 for their property. After a trial on value, the jury agreed with the property owner that the construction of the 42-inch diameter natural gas pipeline would cause damages to the their...
Read MoreMay 12th, 2021 — In OCA Blog
Judge Makes Preliminary Ruling Against Apple Valley Taking Over Water System
A San Bernardino Superior Court judge ruled recently against the Town of Apple Valley in its attempt to take over its largest supplier of water, Liberty Utilities. The water provider is represented by OCA member, Ed Burg who practices out of Los Angeles with the law firm of Manatt, Phelps & Phillips. In a preliminary ruling issued after an extensive bench trial, Judge Donald Alvarez found that Liberty Utilities...
Read MoreMay 1st, 2021 — In OCA Blog
Valuing Property During a Pandemic
OCA’s New York Member Mike Rikon’s recent blog posts takes on some of the tricky issues that have surfaced in valuing property during a pandemic. According to Mike, Covid-19’s impact on real estate valuations have made it difficult to apply the comparable sales approach, one of the often used methods for determining real estate values, particularly in eminent domain cases. Referring to statements made by real estate professionals like Lisa...
Read MoreApril 16th, 2021 — In OCA Blog
OCA Member’s Recent Win Highlights Growing Concerns Over Damage Caused by Flooding and Water Events
Nearly every week OCA receives one or more phone calls from concerned property owners relating to flooding or other water related events causing significant damage to their property. With climate change and global warming placing ever increasing burdens on our aging public infrastructure, these complaints are likely to continue and even increase. Indeed, OCA member Randall Smith (whose practice in lowlying Louisiana places him at the forefront of this...
Read MoreApril 5th, 2021 — In News & Events
Divided Wisconsin Supreme Court Upholds Highway’s Jurisdictional Offer in Controversial Case
We are disappointed in the recent decision by the Wisconsin Supreme Court upholding a pre-condemnation jurisdictional offer made by the Wisconsin Department of Transportation (DOT) to a property owner that deviated substantially from the Department’s own appraisal which, under Wisconsin law, is required to form the basis of the offer. As three Supreme Court Justices (including the Chief Justice) correctly pointed out in their strong dissent, the jurisdictional offer...
Read MoreApril 5th, 2021 — In OCA Blog
ALI-CLE Eminent Domain and Land Valuation Litigation Conference Now Scheduled for 2022
Mark your calendars for the next ALI-CLE Eminent Domain and Land Valuation Litigation Conference to be held in Scottsdale, Arizona at the Scottsdale Resort at McCormick Ranch. The conference dates are January 27-29, 2022. Exploring a full range of cutting-edge issues and drawing professionals from across the country, this annual conference is always “the place to be” for all eminent domain and land use practitioners looking to learn from...
Read MoreApril 4th, 2021 — In News & Events
North Dakota Court Rules in Property Owner’s Favor in Pre-Condemnation Entry Claim by Condemnor
In the recent case entitled Cass County Joint Water Resource District, v. Cash H. Aaland, Larry W. Bakko and Penny Cirks, the North Dakota Supreme Court rules in the property owners favor on the issue of whether a Water District had the authority to enter upon the owner’s property prior to filing a condemnation case, as part of a flood diversion project. In this unique factual situation, the Water District...
Read MoreMarch 23rd, 2021 — In News & Events
Cedar Point Nursery v. Hassid Oral Argument
The Supreme Court is currently entertaining an interesting property rights case entitled Cedar Point Nursery v. Hassid. Cedar Point Nursery together with Fowler Packing Company are California fruit growers that employ around 3,000 Californians. In 2015, the United Farm Workers (UFW) sent union organizers to Cedar Point’s workplace during harvest time to encourage them to unionize. Under California’s Union Access Regulation the organizers are granted an easement that allows them to...
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