Tag: eminent domain/condemnation
Florida Court Upholds Attorneys’ Fees Award for ‘Excessive Litigation’ in Condemnation Cases
Posted on Dec 14, 2015 in Articles
When the government takes a private citizen’s land through the exercise of eminent domain, it is obligated to pay the landowner “just compensation” for the property taken. This requirement is established by the Fifth Amendment to the U.S. Constitution and the constitutions in all 50 states, and it serves to protect the fundamental rights of landowners across America. But, this begs the question: What is just compensation? How is it calculated, and who gets to decide?
ALI-CLE Eminent Domain and Land Valuation Litigation Course 2016
Posted on Dec 14, 2015 in News & Events
Eminent domain attorneys, appraisers, engineers and other professionals in the field of eminent domain, property rights and land valuation litigation will gather this January to discuss the hot topics, newest cases and emerging issues impacting eminent domain law and those who practice in this area. The 33rd Annual American Law Institute Eminent Domain and Land Valuation Litigation course is scheduled to take place January 28-30 at the Hotel Van Zandt in Austin, Texas.
How is Property Valued in a Condemnation Proceeding?
Posted on Nov 30, 2015 in Articles
When a government agency, utility, energy company or other entity takes private property through eminent domain (known as “condemnation”), the landowner is entitled to the payment of just compensation. This right to just compensation is firmly established in the Fifth Amendment to the U.S Constitution, as well as state constitutions and laws across the country. But, what does it mean for compensation to be “just,” and who decides what is a just amount? Someone has to place a value on the land taken. And, when the “taking” involves an easement or regulation, the property owner’s losses may not be strictly tied to the value of the affected property.
New Jersey Beachfront Residents Represented by OCA Attorney Sue to Prevent Use of Eminent Domain
Posted on Nov 9, 2015 in News & Events
In October, a group of New Jersey beachfront homeowners brought suit against the New Jersey Department of Environmental Protection (DEP) seeking to prevent the agency’s use of eminent domain. Represented by eminent domain lawyer and OCA New Jersey representative Anthony DellaPelle, the property owners argue that the DEP’s plan to construct protective sand dunes on their properties would prevent them from taking their own precautions to avoid damage to their homes and land.
Easements and Restrictive Covenants: When the Government Takes Without Taking
Posted on Nov 2, 2015 in Articles
When most people think about eminent domain and the condemnation of private property, they imagine the government acquiring a citizen’s private property and converting it to a public use. While this is often the case, it is not the only way that the government can acquire private property. Governments may claim “non-possessory” rights in private land. Such rights allow the government to either (i) use, or (ii) place restrictions on a landowner’s use of private property.
The Keystone XL Pipeline Isn’t the Only Pipeline Concerning Property Owners
Posted on Oct 28, 2015 in Articles
We have talked a lot recently about the ongoing debate and eminent domain issues involving TransCanada’s proposed Keystone XL Pipeline across the western United States. But, this is by no means the only pipeline activity going on in the country. In fact, up and down the East Coast, property owners – many of whom are represented by our eminent domain lawyers – are battling to protect their land against a number of different pipeline projects.
Non-Possessory Takings: North Carolina Supreme Court to Consider Inverse Condemnation in Future Highway Development Case
Posted on Oct 22, 2015 in Articles
In a case that has garnered national attention, the North Carolina Supreme Court has agreed to review a court of appeals decision holding that a state statute effected a taking – and thereby implicated the property owners’ Constitutional rights. It is an interesting case — one that could have significant implications for property owners across the country.
Just Compensation, Relocation Expenses and Attorneys’ Fees: Financial Compensation in Eminent Domain
Posted on Oct 12, 2015 in Articles
Property owners who have their land condemned by the government are entitled to just compensation. This is a fundamental right established by the Fifth Amendment to the U.S. Constitution and contained in state constitutions as well. While these constitutional protections are often the greatest source of compensation for property owners in eminent domain cases, they are not the only sources. Depending on the circumstances, various statutes may provide additional financial recourse for individuals and businesses that have their property taken using the power of eminent domain. These statutes often: Require payment of more than “just compensation” under certain circumstances Entitle property owners to recover their attorneys’ fees for defending their rights in a condemnation suit Provide property owners with compensation for their relocation costs.
Latest Developments Regarding Eminent Domain and the Keystone XL Pipeline
Posted on Sep 30, 2015 in News & Events
Since President Obama’s veto of a Senate bill authorizing construction of the Keystone XL pipeline in February, speculation regarding the ultimate fate of the pipeline project has continued to swirl. As we fast approach the seven-year anniversary of the Keystone XL pipeline’s original proposal, Congress, the Canadian government, residents along the pipeline’s proposed path and TransCanada (the oil company behind the pipeline) all appear to be getting anxious about the President’s and the State Department’s impending decision on whether to allow the project to move forward.
Recent New York Condemnation Case Highlights Key Issues for Owners Seeking to Protect Their Property
Posted on Sep 28, 2015 in Articles
A recent decision from New York highlights many of the key arguments that eminent domain attorneys can raise on behalf of their landowner clients in cases involving eminent domain. Although the property owners in this case were unsuccessful in their attempt to dismiss the taking, the arguments are instructive for property owners considering taking action to protect their legal rights.