OCA Blog

Many people would assume that if a police department or swat team completely destroyed someone’s private residence during an operation to apprehend a fleeing suspect, particularly when that suspect did not have an ownership interest in the residence, the government would be responsible and liable for the destruction under the Fifth Amendment “takings clause” of the United States Constitution. But in two recent court decisions, one from Colorado decided...

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A recent Supreme Court  decision out of Massachusetts illustrates the need to make sure a property owner receives what is deemed preliminary compensation (referred to in the opinion as the “pro tanto payment”) when a condemnor exercises its quick take powers to acquire and take control of an owner’s property before the condemnation action is completed and before the final determination of just compensation has been made. Indeed, the...

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OCA’s New York  member Michael Rikon writes in his Bulldozers at Your DoorStep Blog about the hazards and risks associated with a condemnor seeking to acquire a golf course or lands associated with a golf facility by eminent domain main. “Not so fast,” Mike advises. Before deciding that such actions are a good idea, the condemnor might wish to critically analyze the concept of highest and best use. To...

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The U.S. Supreme Court announced on Feb. 3rd that it would hear the appeal on an eminent domain case involving PennEast Pipeline Co.’s efforts to build a 120-mile, 36-in. natural gas pipeline across open space and public lands preserved by the State of New Jersey for recreation, conservation and agriculture purposes. The Federal Energy Regulatory Commission (FERC) approved the project in January 2018. However, the 3rd U.S. Circuit Court of...

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The U.S. Attorney’s Office has dropped its legal efforts to immediately take possession of at least three tracts of land in South Texas that had been earmarked for stretches of the border wall, citing President Joe Biden’s plan to pause construction projects. Ryan Patrick, U.S. Attorney for the Southern District of Texas, said in the court filings the executive order Biden signed on his first day in office on Jan. 20...

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A couple who own mineral rights within the City of Boulder, Colorado are now suing the city over its oil and gas moratorium on the basis that it violates the Fifth Amendment’s rule against taking private property without just compensation. The couple, John and Valorie Wells, are being represented by the Public Trust Institute. The moratorium originates from an ordinance enacted in June 2013 that prohibits the city manager...

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OCA’s New Jersey member and property rights attorney Anthony DellaPelle with the law firm of McKirdy Riskin Olson and Dellapelle out of Morris Township was recently elected as the new Board chairman of the Great Swamp Watershed Association.  First formed in 1981 as a grassroots organization the Association has grown to serve over 2,200 members in some 40 municipalities within New Jersey. The principle mission of GSWA is to...

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Registration is now open for the biggest and best eminent domain and land valuation conference that has taken place annually for nearly 40 years. Given the pandemic it will be held virtually for the first time on January 28th and 29th. For more information about this event and to register click here.

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In a complaint filed last week in the U.S. District Court for the District of Oregon against Oregon’s governor (in her official capacity), the City of Portland, and Multnomah County, Plaintiffs assert that “several provisions of law, including state statutes, executive orders, and municipal ordinances” amount to a per se taking of Plaintiffs’ property. More specifically, Plaintiffs alledge that the combination of these measures significantly impairs Plaintiffs’ rental contracts, thereby requiring...

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In DW Aina Lea Dev., LLC v. State of Hawaii Land Use Comm’n, No. SCCQ-19-156 (Dec. 17, 2020), the unanimous Hawaii Supreme Court held that the statute of limitations governing a regulatory takings claim under the Hawaii Constitution’s “takings or damagings” clause is six years. The case started out in a Hawaii state court, and was removed to the U.S. District Court by the State Land Use Commission. The district...

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