Category: OCA Blog

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...

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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...

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October 28th, 2020 — In OCA Blog

Mike Rikon and Jon Houghton Discuss A Recent New York Case Addressing the Practice of Advance Payments and Sandbagging

In an article published in the New York Law Journal Owners’ Counsel of America Members Mike Rikon and Jon Houghon discuss the recent decision in Staten Island Land Corp and how it seeks to address the problem of advance payments and sandbagging in the State of New York. As they explain in the article, under New York’s quick take statute, the government can take title to property which it seeks to...

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October 14th, 2020 — In Articles

Nailing Down Knick and Governmental Takings in Louisiana by OCA Member Randall A. Smith

Owners’ Counsel of America member Randall Smith writes in a new article published in the October/November issue of the Louisiana Bar Journal about the unique interplay between Louisiana’s expropriation laws and the U.S. Supreme Court’s recent landmark decision in the Knick case. The article focuses on what Knick may mean for Covid-19 claims against local governments in the wake of mass shutdowns and other regulatory measures that are currently...

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October 8th, 2020 — In OCA Blog

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...

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October 6th, 2020 — In OCA Blog

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...

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September 24th, 2020 — In News & Events

Joseph Waldo Continues Fight For Oystermen in Income Loss from Latest Dump of Raw Sewage into Nansemond River

To follow up on a story we ran earlier regarding OCA’s Amicus Brief filing in the case of the City of Suffolk’s operation of a sewage and stormwater system so as to discharge wastewater into the Nansemond River, we learn that after recent rains an estimated 1.5 million gallons of raw sewage has been dumped in the river. “They are discharging and allowing raw sewage to be discharged into...

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September 17th, 2020 — In OCA Blog

OCA’s Missouri Member Paul Henry Represents Property Owner in Taking for $190M Development Project

The St. Louis County Circuit Court recently approved University City’s request to condemn seven commercial properties within the footprint of Novus Development’s nearly $190 million project. Novus’ plans to use the site at Olive and Interstate I-70 to develop a mix of retail anchored by a Costco store, apartments, offices and potentially a hotel. Last year, the City approved $70.5 million in tax increment financing for the project. OCA...

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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...

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September 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...

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