Posted on Mar 20, 2015 in News & Events
The Owners’ Counsel of America (OCA) and the National Federation of IndependentBusiness (NFIB) Small Business Legal Center have filed an amici curiae brief in support of Sacramento-San Joaquin Delta property and business owners in Property Reserve, Inc. v. Superior Court, case number S217738.
Read MorePosted on Feb 13, 2015 in News & Events
The Judge of the District Court of Holt County, Nebraska issued a temporary injunction on February 12, 2015, halting Transcanada’s efforts in Nebraska to acquire easement rights for the XL pipeline through eminent domain proceedings. Transcanada had filed over one hundred proceedings in county courts along the proposed route in January, to obtain the permanent and temporary easements needed to complete the pipeline corridor.
Read MorePosted on Jan 13, 2015 in Articles
Probably no appeal to the Nebraska Supreme Court has been watched more closely by more people than the challenge to the statutory routing process for the proposed TransCanada XL Pipeline.
Read MorePosted on Jan 12, 2015 in News & Events
In a lengthy and acrimonious opinion issued January 9, 2015, the Nebraska Supreme Court issued a non-decision on the constitutionality of the process for routing of the TransCanada pipeline through Nebraska. It may prove to approve the route by default. The Court’s opinion answers very little, and raises far more questions than it answers. The only thing that is clear is that not every pipeline can be granted the power of eminent domain.
Read MorePosted on Dec 19, 2014 in News & Events
This week we filed an amicus curiae brief in support of Virginia Beach homeowners, James and Janet Ramsey, in Ramsey v. Commissioner of Highways, Record No. 140929 (review granted November 3, 2014), a case we previously discussed here.
Read MorePosted on Sep 25, 2014 in News & Events
With the official arrival of Fall, we are reminded that the 11th Annual Brigham-Kanner Property Rights Conference is just around the corner – October 30 & 31, 2014 at William & Mary Law School, Williamsburg, Virginia. As previously announced, this year’s Brigham-Kanner Property Rights Prize will be awarded to Michael M. Berger, a partner with the Los Angeles Office of Manatt, Phelps & Phillips.
Read MorePosted on Aug 26, 2014 in News & Events
Last week, the New York Appellate Division, Second Department, affirmed a condemnation award of $7,855,200 plus interest for just compensation to Split Rock Partnership for the taking of its property. In Matter of Western Ramapo Sewer Extension Project, Index No. 2013-03693, 2014 NY Slip Op 05889, decided August 20, 2014, the appellate court held that the measure of damages must reflect the fair market value of the property in its highest and best use on the date of the taking, regardless of whether the property is being put to such use at the time of the taking.
Read MorePosted on Jul 17, 2014 in News & Events
Last week, the Supreme Court of Georgia issued an opinion in Dillard Land Investments, LLC v. Fulton County, Georgia, case No. S13C1582 (decided July 11, 2014) resulting in a ruling both favorable to the Petitioner-landowner and property owners across Georgia.
Read MorePosted on Jun 11, 2014 in News & Events
For nearly a year, the City of Orlando has attempted to negotiate a voluntary acquisition of property owned by a small community church in downtown Orlando, Faith Deliverance Temple. The City of Orlando wants to build a multi-million dollar sports and entertainment arena on the very spot this church stands, only a stone’s throw from the Amway Center, home of the Orlando Magic, and a mile from the Citrus Bowl.
Read MorePosted on Jun 9, 2014 in News & Events
Owners’ Counsel of America member-attorney Hertha Lund and members of her firm, Lund Law, PLLC, have launched a new blog, “Property Rights Montana.”
Read More