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.
August 31st, 2015 — In Articles
U.S. House of Representatives Re-Introduces Bill Limiting the Government’s Exercise of Eminent Domain
United States Congressman Jim Sensenbrenner (R-Wis.) has re-introduced a bill in the House of Representatives that would place limits on federal, state and local governments’ exercise of the power of eminent domain. If passed, the Private Property Rights Protection Act (PPRPA) would provide a financial disincentive for state and local government agencies seeking to condemn private property for purposes of “economic development.”
August 14th, 2015 — In Articles
It’s Been 10 Years Since Kelo v. City of New London. Where are We Now?
On June 23, 2005, the U.S. Supreme Court handed down one of the most controversial property rights decisions in recent history. The Court’s 5-4 decision holding that New London, CT could condemn 15 homes and transfer ownership to a private entity for the purpose of encouraging “economic development” sent a shockwave through the property rights landscape and ignited a decade’s worth of debates, court battles and legislative efforts in response to the ruling. With June 2015 marking the 10-year anniversary of Kelo v. City of New London, let’s take a look back at how we got to where we are today.
June 25th, 2015 — In Articles
Property Owners’ Frequently Asked Questions About Eminent Domain
When you learn that your property may be condemned, you need information and advice as to how to proceed and what actions to take. Here are a number of common questions and answers which may be helpful, including: What is eminent domain? Who can use eminent domain? What does “public use” mean? Can eminent domain be used to take my property and give it to another private party?
“It Ain’t Over ‘Til It’s Over:” Nebraska Supreme Court Rules (or Maybe Not) on the Validity of the TransCanada XL Pipeline Route Approval Through Nebraska
Probably no appeal to the Nebraska Supreme Court has been watched more closely by more people than the challenge to the statutory routing process for the proposed TransCanada XL Pipeline.
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.
Motion for Leave to File Brief Amicus Curiae in Support of Petitioner and Brief Amicus Curiae of Owners Counsel of America in Support of Petitioner, Stop the Beach Renourishment v. Florida Department of Environmental Protection, No. 08-11 (June 17, 2010), Robert H. Thomas (Hawaii), Counsel of Record.
In this case, the U.S. Supreme Court considered whether a 2008 Florida Supreme Court decision upholding the Florida Beach and Shore Preservation Act which reversed a century of Florida law was a “judicial taking.” The Court found that the Florida court’s decision neither violated the Fifth Amendment’s due process guarantee nor consituted a taking of private property.