OCA Blog
September 17th, 2020 — In OCA Blog
7th Circuit Rules Construction of the Obama Presidential Center Is Not A Taking Under The Fifth Amendment
OCA’s Affiliate Member Michael Ryan covers in his firm’s blog the recent Seventh Circuit Court of Appeals decision in Protect Our Parks, Inc. v Chicago Park District, 2020 WL 4915631, affirming a grant of summary judgment in favor of the government on a Fifth Amendment takings claim. Protect Our Parks, Inc. and several individual Chicago residents had sued the City of Chicago and the Chicago Park District in federal...
Read MoreSeptember 17th, 2020 — In OCA Blog
Missouri’s Grain Belt Express HVDC Transmission Line Project (Easements and Eminent Domain)
Submitted by OCA Missouri Member Paul Henry Despite many ups and downs and much opposition from Missouri property owners, a proposed electric transmission line necessitating the acquisition of 206 miles of easements is still in the works to cross Northern Missouri. The massive transmission line was designed by Clean Line partners to deliver wind-generated energy from Kansas to the Illinois and Indiana border. The propose line is unique in...
Read MoreAugust 28th, 2020 — In News & Events
26 OCA Members Make Best Lawyers’ Eminent Domain List for 2021
Best Lawyers, the oldest peer-review publication in the legal profession, has named 26 Owners’ Counsel of America members in its 27th Edition for 2021 in recognition of their Eminent Domain and Condemnation expertise and practices. The list includes George Autry (North Carolina), Stephanie Autry (North Carolina), Keith Babcock (South Carolina), Joshua Baker (Virginia), Michael Berger (California), Dana Berliner (Institute for Justice), William Blake (Nebraska), Amy Brigham Boulris (Florida), Andrew...
Read MoreAugust 27th, 2020 — In News & Events
Bridge Aina Le’a, LLC v. Hawaii Land Use Commission
Developer Bridge Aina Le‘a, LLC, purchased a large tract of land in Hawaii to build hundreds of new homes. Before the company ever got the chance, however, the Hawaii Land Use Commission re‐designated the land for agricultural use, effectively preventing any residential development from occurring. Bridge Aina Le‘a sued asserting its constitutional right against an uncompensated taking of its’ property. After an eight day trial, a jury found the...
Read MoreAugust 15th, 2020 — In Articles
Your Private Property Rights in Minnesota Amidst COVID-19 by Mark Savin, Howard Roston and Ben Tozer
The COVID-19 pandemic has caused substantial uncertainty for businesses. As of March 24, 2020, the President has declared an emergency under the Stafford Act and the Minnesota Governor has declared a peacetime emergency. Given the situation, the government may order businesses to close or take goods, equipment and space that may be needed for the government’s response. While the government has the power to take such extraordinary actions, that...
Read MoreAugust 15th, 2020 — In Articles
Natural Gas Pipeline Easements: An Overview of the Takings Jurisprudence by Andrew Brigham
Although the eminent domain power is an attribute of the sovereign, there are instances in which a private licensee is delegated the power for the acquisition of easements necessary to establish a lineal corridor. For the purposes of this article, our examination of the jurisprudence associated with the acquisition of lineal corridor rights takes place in the “laboratory” of the federal district courts in Florida. For it is there...
Read MoreAugust 14th, 2020 — In Uncategorized
Eleventh Circuit Rules Landowners’ Testimonies had a Sufficiently Strong Foundation in Natural Gas Pipeline Condemnation Cases
Landowners, Lee and Ryan Thomas, who were represented by Andrew Brigham, OCA’s Florida member, recently defeated Sabal Trail Transmission, LLC when the Eleventh Circuit affirmed their two jury verdicts totaling over $1.3 million for easement rights for which the pipeline company earlier argued compensation should only be $39,700. Sabal Trail’s appeal sought to overturn the jury verdicts on the basis that the jurors improperly relied on the testimonies of...
Read MoreAugust 13th, 2020 — In Uncategorized
OCA Files Amicus Brief in Wisconsin Eminent Domain Case Involving Highway Department’s “Jurisdictional Offer”
OCA recently filed an Amicus Brief on behalf of Christus Church in the state of Wisconsin. The brief addresses important issues arising out of a pre-litigation “jurisdictional” offer made to the Church by the Wisconsin Department of Transportation that contained compensation for severance damages to the Church’s remaining property caused by highway proximity, even though the Department’s underlying appraisal found that there were no severance damages. OCA’s Amicus Brief...
Read MoreAugust 5th, 2020 — In Uncategorized
Former South Dakota Attorney General and OCA Member Mark Meierhenry Dies
Mark Meierhenry, former South Dakota Attorney General and Owners’ Counsel of America member for many years passed away recently. While we knew Mark as a talented lawyer, a fierce defender of private property rights and a great member of our organization, his obituary revealed many other wonderful dimensions to his personality and background. Who knew for instance that he had argued six times before the U.S. Supreme Court? Or...
Read MoreJuly 1st, 2020 — In Uncategorized
OCA Files Amicus Brief in Virginia Oystermen Takings Case
OCA joined the Pacific Legal Foundation recently in filing an Amicus Brief in a case before the Virginia Supreme Court entitled Johnson v. City of Suffolk. This case involves a claim by Virginia oystermen that the City of Suffolk and a Sanitation District knowingly operated a sewage and stormwater system in such a way as to discharge wastewater into the Nansemond River, invading oyster beds being leased by the...
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