News & Events
February 4th, 2021 — In News & Events
Couple Files Fifth Amendment Lawsuit in Boulder Colorado Over Mineral Moratorium
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 and staff from accepting or processing any application for oil and gas exploration permits on open space properties. For more information about this case, read this article recently published in Boulder’s Daily Camera.
January 2nd, 2021 — In News & Events
Register Now for the ALI-CLE Eminent Domain and Land Valuation Litigation Conference
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.
December 31st, 2020 — In News & Events
New Oregon Complaint Alleges Eviction Moratorium Extension Is a Taking
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 that just compensation be paid. Visit OCA member Robert Thomas’ Inverse Condemnation Blog for more details about this recent filing and the case itself.
December 18th, 2020 — In News & Events
Hawaii: State Takings Are “Self-Executing” Constitutional Violations (Not Torts Or Breaches Of Contract), Subject To A Six-Year Statute Of Limitations
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 court dismissed the state takings claim for missing the limitations cut-off. Hawaii has not adopted a statute of limitations expressly for takings or inverse condemnation claims. Thus, the question before Hawaii’s highest court was what is the closest analogue claim. If there isn’t one, Hawaii has a “catch all” statute (six years) for civil claims. For more about the case read OCA member Robert Thomas’ Inverse Condemnation Blog. To read the opinion itself, click here.
December 11th, 2020 — In News & Events
Virginia Supreme Court Rules No Taking in Oystermen Case
In an opinion just released by the Virginia Supreme Court involving OCA members Joshua Baker and Joe Waldo titled Johnson v. City of Suffolk, the court ruled that Virginia oystermen did not present a viable takings claim to obtain compensation when the City of Suffolk and its Sanitation District dumped raw sewage into the Nansemond river and declared a “condemnation zone” (i.e., no oyster harvesting). Specifically, the court concluded that the leases of Commonwealth-owned bottomlands in the Nansemond River did not confer a property interest worthy of constitutional protection. We are obviously disappointed in this ruling and await word as to whether the defendants intend to appeal. For more about the case and the opinion, read Robert Thomas’ Inverse Condemnation Blog.
December 10th, 2020 — In News & Events
Dwight Merriam Chosen By Connect Real Estate News As One of Only 50 Lawyers for 2020 Award
In recognizing Dwight Merriam for its first annual New England Trailblazers publication last year, Connecticut Law Tribune called the four-decade legal veteran “a major figure in American planning law.” Based in Weatogue, CT, Merriam represents land owners, developers, governments, and individuals in land use matters. The Connecticut Law Tribune says Merriam is “one of just a handful of nationally-recognized true planner-lawyers, fully credentialed in both professions.” It was Merriam’s desire to advocate for individual rights that drew him away from pursuing a career in planning to one in the law during his formative years, according to the Tribune.
Merriam is a Fellow and Past President of the American Institute of Certified Planners; a former Director of the American Planning Association; a former chair of APA’s Planning and Law Division; a former chair of the American Bar Association’s national Section of State and Local Government Law; the Connecticut member of Owners’ Counsel of America; a former Fellow of the Royal Institute of Chartered Surveyors; a Fellow of the American Bar Foundation; a member of the Rocky Mountain Land Use Institute National Advisory Board; a Fellow of the Connecticut Bar Foundation; a Counselor of Real Estate; a member of the AARPI, and a Fellow of the American College of Real Estate Lawyers.
Merriam has taught land use law at the University of Memphis, the University of Bridgeport, Vermont Law School, the University of Connecticut School of Law, and the Quinnipiac University School of Law. Merriam has published more than 200 articles and 13 books. He is lead author of the leading casebook in his field, Planning and Control of Land Development, and co-editor of the leading treatise in the field, Rathkopf’s The Law of Zoning and Planning 4th.
October 30th, 2020 — In News & Events
Announcing OCA and PLF Joint Webinar on Shutdowns, Closures, Moratoria, and Bans
Since the beginning of the pandemic we have seen Governors and State Legislatures across the country implement an array of policies in an attempt to contain the virus and its socioeconomic impacts. Many of these policies effectively broadened the scope of government power while placing a heavy burden on property owners and businesses already struggling during the COVID 19 pandemic. Jim Burling from Pacific Legal Foundation and Robert Thomas from Owners’ Counsel of America will explore these COVID related policies and legal challenges. Topics to be covered include:
- The constitutional implications of emergency orders restricting property and business owners
- The rights and legal status of property and business owners impacted by emergency orders
- Past, current and upcoming litigation challenging emergency orders
October 30th, 2020 — In News & Events
William & Mary Law School’s Annual Property Rights Conference Brings Experts Together Virtually
For those who could not attend this year’s Brigham-Kanner Property Rights Conference on October 1-2 at William & Mary Law School, a link to the panels, speakers and recorded sessions can be found on OCA Member Robert Thomas’ Inverse Condemnation Blog. This year’s conference opened with the Brigham-Kanner Property Rights Prize being awarded to Professor Henry E. Smith of Harvard Law School. The prize is named in honor of the lifetime contributions of Toby Prince Brigham, founding partner of Brigham Moore, LLP and founder of OCA, and Gideon Kanner, professor of law emeritus at Loyola Law School in Los Angeles. The award is given annually and is presented to a scholar, practitioner or jurist whose work affirms the fundamental importance of property rights.
October 8th, 2020 — In News & Events
Podcast Episode 54 – The Emotions of An Eminent Domain Case with Stephen Clarke
OCA Affiliate Member, Stephen Clarke of the law firm of Waldo & Lyle in Norfolk Virginia recently joined Clint Schumacher on his Eminent Domain podcast to share a story about the reaction of his clients to the cancellation of the Atlantic Coast Pipeline project. On a lighter note, Stephen also introduces Clint to the board game “Settlers of Catan.” To listen to the podcast, click here. Clint’s Podcast can also be found on iTunes and Stitcher.
October 6th, 2020 — In News & Events
OCA Crystal Eagle Award Winner and Law Professor David Callies Authors Book on Landmark Knick Case
The Supreme Court’s recent decision in Knick v. Township of Scott has been aptly described as one of the most influential property rights cases of the last decade. In Knick, the Court explicitly overturned the second prong of the so-called Williamson County ripeness test that required property owners to seek a remedy through state action –usually just compensation – for the alleged taking before coming to federal court. In David Callies new book, published by the American Bar Association, entitled “Regulatory Takings after Knick: Total Takings, the Nuisance Exception, and Background Principles Exceptions: Public Trust Doctrine, Custom, and Statutes,” he provides a summary of takings law in general and discusses in detail total takings and the exceptions which permit governments to so strictly regulate property as to permit no economically beneficial use. Legal scholars from across the country already have commented on the importance of Mr. Callies’s work. Professor Henry Smith of Harvard Law School called it “a lucid and insightful guide through the labyrinth of the caselaw on categorical takings,” and Steven J. Eagle, of the Antonin Scalia Law School at George Mason University, noted that the new book “sets forth federal and state law respecting the tension between private property rights and government regulation in a way useful to both general readers and specialists.” David Callies is a professor of law at the University of Hawaii Law School and a former recipient of the prestigious Crystal Eagle Award from Owners’ Counsel of America.