Category: OCA Blog

May 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...
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May 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...
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May 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...
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April 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...
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April 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...
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March 3rd, 2021 — In OCA Blog
OCA Member Michael Rikon Inducted into IAOTP’s Hall of Fame
Michael Rikon, OCA’s New York Member and a Partner of Goldstein, Rikon, Rikon & Houghton, P.C., was recently inducted into the exclusive Hall of Fame for 2021 by the International Association of Top Professionals (IAOTP). These special honorees are distinguished based on longevity in their fields of practice, as well as their overall contributions to society. Mr. Rikon is being recognized for this honor based on over 50 years in the...
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February 17th, 2021 — In OCA Blog
Considering the Condemnation of Golf Course Land or Golf Facilities-Not So Fast
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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February 3rd, 2021 — In OCA Blog
Anthony DellaPelle Assumes Leadership Role With Great Swamp Watershed Association
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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December 18th, 2020 — In OCA Blog
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...
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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...
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