Tag: eminent domain/condemnation
More Answers to Property Owners’ Frequently Asked Questions about Eminent Domain
Posted on Sep 21, 2015 in Articles
The concepts – and even terminology – involved in eminent domain law are complex and can be confusing. To help property owners understand the condemnation process, we have published answers to many frequently asked questions (FAQs). In this article, we provide answers to some additional FAQs that might be helpful to property owners. The answers provided are for informational purposes only, and should not be construed as legal advice. For a free initial consultation, please contact an Owners’ Counsel eminent domain lawyer to discuss your situation.
State Legislators Reconsidering Key Eminent Domain Issues in 2015
Posted on Sep 10, 2015 in News & Events
While the Keystone XL pipeline and other condemnation matters make national headlines, state lawmakers across the country are proposing legislation to protect property owners’ rights. In this article, we review four state legislative efforts that could reshape eminent domain law and property rights in 2015 and beyond.
Can I Afford to Hire an Eminent Domain Attorney?
Posted on Sep 5, 2015 in Articles
You have received a notice from the government informing you that your property is needed for a public project. The notice suggests that the government will use its power of eminent domain to take your property, if you can not reach an agreement on the price that the government should pay you for your land. The idea of challenging the government to defend your property, protect your rights and make sure that you are compensated fairly can be overwhelming and may even seem out of reach. You might wonder if you can afford to hire an experienced condemnation attorney to guide you through the eminent domain process and defend your property rights.
Property Owners’ Frequently Asked Questions About the Keystone XL Pipeline
Posted on Sep 4, 2015 in Articles
If you own property on the proposed route of the Keystone XL Pipeline, it is important to understand your legal rights. Below are answers to some frequently asked questions about the Keystone XL Pipeline. You can also read our answers to frequently asked questions about eminent domain.
U.S. House of Representatives Re-Introduces Bill Limiting the Government’s Exercise of Eminent Domain
Posted on Aug 31, 2015 in Articles
United States Congressman Jim Sensenbrenner (R-Wis.) has re-introduced a bill in the House of Representatives that would place limits on federal, state and local governments’ exercise of the power of eminent domain. If passed, the Private Property Rights Protection Act (PPRPA) would provide a financial disincentive for state and local government agencies seeking to condemn private property for purposes of “economic development.”
It’s Been 10 Years Since Kelo v. City of New London. Where are We Now?
Posted on Aug 14, 2015 in Articles
On June 23, 2005, the U.S. Supreme Court handed down one of the most controversial property rights decisions in recent history. The Court’s 5-4 decision holding that New London, CT could condemn 15 homes and transfer ownership to a private entity for the purpose of encouraging “economic development” sent a shockwave through the property rights landscape and ignited a decade’s worth of debates, court battles and legislative efforts in response to the ruling. With June 2015 marking the 10-year anniversary of Kelo v. City of New London, let’s take a look back at how we got to where we are today.
OCA and The Counselors of Real Estate Announce a Webinar Today Focused on the Impact of the Controversial Kelo Decision
Posted on Jul 23, 2015 in News & Events
Today, Owners’ Counsel of America and The Counselors of Real Estate® (CRE) will present our first cooperative webinar: Kelo v. New London: The Grasping Hand and Its Legacy at 12:30 PM (Eastern) / 11:30 AM (Central) / 10:30 AM (Mountain) / 9:30 AM (Pacific) / 6:30 AM (Hawaiian). Participants can register here.
Property Owners’ Frequently Asked Questions About Eminent Domain
Posted on Jun 25, 2015 in Articles
When you learn that your property may be condemned, you need information and advice as to how to proceed and what actions to take. Here are a number of common questions and answers which may be helpful, including: What is eminent domain? Who can use eminent domain? What does “public use” mean? Can eminent domain be used to take my property and give it to another private party?
Virginia Supreme Court Rules in Favor of Landowners in Eminent Domain Case: Condemnor’s Initial Appraisal is an Admission of Value
Posted on Apr 16, 2015 in News & Events
This morning the Virginia Supreme Court issued its opinion in Ramsey v. Commissioner of Highways, No. 149029, finding that the Virginia Department of Transportation’s (VDOT) initial pre-condemnation appraisal is not a confidential offer of settlement, but rather, an admission of value that should be considered as evidence at trial.
Owners’ Counsel of America Files Amicus Brief Supporting Landowner in Eminent Domain Case Before Oregon Supreme Court
Posted on Mar 26, 2015 in News & Events
The Owners’ Counsel of America (OCA) together with the Central Oregon Builders Association (COBA) and Oregonians In Action (OIA) filed an amicus brief supporting the property owner in State of Oregon v. Alderwoods (Oregon), Inc., case number S062766. The brief asks the Oregon Supreme Court to confirm a long-standing rule that owners of property directly adjacent to a highway have a right to direct access to the roadway.