Tag: eminent domain/condemnation

Owners’ Counsel Welcomes Anthony Della Pelle as the New Jersey Member-Attorney

Posted on Mar 25, 2012 in News & Events

Owners’ Counsel of America welcomes Anthony F. Della Pelle, Esq., CRE of McKirdy & Riskin, P.A. in Morristown, New Jersey as the New Jersey member dedicated to representing landowners throughout the State. Mr. Della Pelle succeeds his partner, Edward D. McKirdy, Esq. who previously served as the New Jersey representative.

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Remembering a Preeminent Condemnation Attorney, Jay S. Dushoff, Phoenix, Arizona

Posted on Mar 22, 2012 in News & Events

The Owners’ Counsel of America is greatly saddened by the death of our fellow Member and friend, Jay S.Dushoff. A nationally recognized condemnation and property rights attorney, Mr. Dushoff passed away on March 21, 2012 in Phoenix, AZ following a long battle with cancer.

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Government Restrictions on Groundwater Constitute Inverse Condemnation in New Jersey

Posted on Mar 15, 2012 in News & Events

Farmer Todd Kuehm has battled the Township of Montville for almost a decade seeking to simply use the groundwater beneath his land for irrigation. Mr. Kuehm’s 28 acre farm is located on the Towaco Aquifer which supplies water to many area residents. Despite the property’s natural water resources, Montville has prohibited Mr. Kuehm, a fourth generation New Jersey farmer, from using the groundwater to irrigate his crops.

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Arkansas Jury Awards Property Owners Just Compensation Five Times the Government’s Offer

Posted on Mar 8, 2012 in News & Events

Last week a jury in Boone County, Arkansas awarded two landowners $341,500 for private property condemned by the Ozark Mountain Regional Public Water Authority. The verdict represents an increase of more that five times the $67,000 offer made to the owners by the water authority for their 29.87 acres.

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Will National Eminent Domain Reform be a Reality in 2012?

Posted on Mar 6, 2012 in News & Events

Last week (February 28), the United States House of Representatives passed by the Private Property Rights Protection Act of 2012 (H.R. 1443), which is intended to prevent the misuse of eminent domain for economic development. The proposed bill is not a cure for eminent domain abuse.

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More Amicus Briefs Filed in Support of Property Owner in Just Compensation Case

Posted on Mar 5, 2012 in News & Events

Two other amicus briefs have been filed in support of the petitioner in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012). [Disclosure: Owners’ Counsel has also filed an amicus brief in support of the petitioner, see our previous post here.]

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Owners’ Counsel Honors Florida Eminent Domain Attorney Toby Brigham

Posted on Feb 23, 2012 in News & Events

The Owners’ Counsel of America recently honored one of the country’s top condemnation and property rights attorneys, Toby Prince Brigham, Esq., for his devotion to the constitutional right of private property ownership. For more than 50 years, Toby Brigham, has represented property owners in Florida and across the United States in eminent domain, inverse condemnation, regulatory taking challenges, condemnation blight, and related real estate, land use and business damage litigation at both the trial and appellate level.

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ALI-ABA Emient Domain and Land Valuation Seminar

Posted on Jan 31, 2012 in News & Events

We just returned from the 29th Annual American Law Institute-American Bar Association (ALI-ABA) Eminent Domain and Land Valuation Litigation course in San Diego. As the course description explains: “[t]he power of eminent domain is being reshaped across the nation by court rulings and legislation.

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Eminent Domain documentary “Battle For Brooklyn” on the “shortlist” for the Oscars

Posted on Nov 21, 2011 in News & Events

The Academy of Motion Picture Arts and Sciences (“The Academy”) announced last week that Battle For Brooklyn has made the “shortlist” of 15 documentary films that will advance in the voting process to be considered for an Academy Award. This film has certainly come far and received rave reviews since we first viewed it in February at its debut screening during the ALI-ABA Eminent Domain and Land Valuation Litigation course in Coral Gables, FL.

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Mississippi voters approve amendment restricting eminent domain

Posted on Nov 10, 2011 in News & Events

On Tuesday with 73% of Mississippians voting in favor of property rights and limiting the use of eminent domain for private development, Initiative 31 was approved. Since the infamous 2005 U.S. Supreme Court ruling in Kelo v. City of New London, 43 states have passed legislation creating stronger protections for private property owners against the power, and possible abuse, of eminent domain. Mississippi has now become the 44th state to reject the use of eminent domain for private development.

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