Tag: eminent domain/condemnation

The Saga of the Keystone Pipelines in Nebraska: Unconstitutional Regulation, and Lessons on How to Acquire Property and How Not to Acquire Property

Posted on Apr 30, 2014 in Articles

Members of Owner’s Counsel of America, who regularly represent property owners in condemnation situations, tend to be naturally very protective of private property rights. We enjoy events that shed light on this dark corner of the law, especially when they help to shape public opinion in favor of property rights.

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California Property Rights Attorney & Scholar Michael Berger to Receive 11th Annual Brigham-Kanner Property Rights Prize

Posted on Apr 14, 2014 in News & Events

Today William & Mary Law School and the William & Mary Property Rights Project announced that accomplished property rights lawyer, scholar, and teacher Michael M. Berger will receive the 2014 Brigham-Kanner Property Rights Prize October 30-31, 2014 at the 11th Annual Brigham-Kanner Property Rights Conference in Williamsburg, Virginia.

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Missoula Files Condemnation Suit to Take Privately-held Mountain Water Hoping the Second Time Will be the Charm

Posted on Apr 11, 2014 in News & Events

Last week the City of Missoula, Montana filed suit in District Court seeking “a judicial determination entitling it to acquire by eminent domain Missoula’s privately-owned water supply and distribution system” – Mountain Water Company. The City has sought to purchase the utility from its parent company, the Carlyle Group for some time, however, the City’s most recent offer of $50 million and previous offer of $65 million were both rejected.

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OCA Welcomes New Colorado Member, Jack Sperber

Posted on Apr 4, 2014 in News & Events

We are pleased to announce that Jack Sperber, Esq., a partner in the Denver office of Faegre Baker Daniels, has been selected as the Colorado representative of the Owners’ Counsel of America. Jack succeeds his former partner, Leslie Fields, Esq., who retired from the practice of law at the end of March. Leslie will continue to be affiliated with OCA as an Emeritus Member.

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Guest Post: TransCanada XL Route Through Nebraska is Ruled Unconstitional

Posted on Feb 28, 2014 in News & Events

Today we bring you a guest post authored by OCA Nebraska member-attorney, William Blake, a partner in the Lincoln office of Nebraska law firm Baylor Evnen. Bill discusses the recent Nebraska District Court ruling which struck down a state law that allowed the Governor to approve a route for the TransCanada Keystone XL pipeline to cross the state.

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A Virginia Jury Sides with Property Owners in Eminent Domain Trial, yet VDOT Wins?

Posted on Feb 21, 2014 in News & Events

Last week a Virginia jury awarded property owners $234,000 for property taken by Virginia Dept. of Transportation (VDOT) for a highway improvement project in Virginia Beach. While it appeared as a victory, unfortunately, it was not. While the jury came in with an amount of just compensation approximately $142,000 above the value VDOT presented at trial, it was $14,000 less than VDOT’s original offer and initial deposit in the case.

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Interview with Gideon Kanner, “A Fierce Advocate for Just Compensation”

Posted on Dec 16, 2013 in News & Events

The November/December 2013 issue of Right of Way magazine published by the International Right of Way Association features an excellent interview with our colleague, mentor, and friend, Gideon Kanner. True to Gideon’s “tell it like it is” style, “A Fierce Advocate for Just Compensation” is an honest and witty one-on-one with this powerhouse of eminent domain and property rights law.

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OCA Attorneys Honored to Particpate in 10th Annual Brigham-Kanner Property Rights Conference

Posted on Oct 28, 2013 in News & Events

On October 18, OCA member-attorneys participated in the 10th annual Brigham-Kanner Property Rights Conference at William and Mary Law School in Williamsburg, Virginia. Annually, legal scholars, practitioners and members of the judiciary who have a specific interest in property law and property rights gather to discuss current topics in takings law and property rights.

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10th Annual Brigham-Kanner Property Rights Conference in Williamsburg, Virginia

Posted on Oct 18, 2013 in News & Events

We are currently attending, along with a number of legal scholars, practicing lawyers and law school students, the 10th Annual Brigham-Kanner Property Rights Conference at William & Mary Law School in Williamsburg, Virginia. The Conference began Thursday evening with the presentation of the Brigham-Kanner Prize to Professor Thomas W. Merrill, the Charles Evan Hughes Professor at Columbia Law School.

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Dillard’s Eminent Domain Battle Heating Up in Colorado

Posted on Jul 26, 2013 in News & Events

An eminent domain battle has been brewing in Longmont, Colorado regarding a proposed $80 million redevelopment plan for Twin Peaks Mall, an indoor shopping mall. The players include the Longmont Urban Renewal Authority (LURA), mall owner NewMark Merrill Mountain States, and Dillard’s, Inc. an upscale national retailer, mall anchor and landowner. Negotiations over the specifics of the redevelopment project began last year between NewMark Merrill and Dillard’s but fizzled in April when the two sides could not find common ground.

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