Tag: inverse condemnation

Posted on Dec 22, 2015 in Articles

As we previously discussed, Owners’ Counsel of America (OCA) and the National Federation of Independent Business Small Business Legal Center (NFIB) have asked the U.S. Supreme Court to review an important property rights case decided by the California Supreme Court earlier this year. If not overturned, the case, California Building Industry Association v. San Jose, No. 15-330 (September 16, 2015), could set a damaging precedent that allows California agencies to impair the value of private property without paying the property owners just compensation.

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.

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.

Posted on Sep 2, 2015 in Articles

The Fifth Amendment to the U.S. Constitution establishes that the government must pay property owners just compensation for the taking of private property for a public purpose. Most government takings involve the condemnation of private property using the power of eminent domain. In a typical eminent domain case, the government issues a notice in advance of the taking and in most jurisdictions makes an initial offer to purchase the needed property.

Posted 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.

Posted on Aug 19, 2014 in News & Events

On August 29, 2005, Hurricane Katrina destroyed Dan B’s Restaurant and Bar on Beach Boulevard in downtown Bay St. Louis, Mississippi. The popular beach front restaurant owned by the Murphy family featured a large deck on the beach overlooking the Bay of St. Louis.

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.

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.

Posted on May 8, 2013 in News & Events

Recently, the Texas Court of Appeals, Third District, issued a memorandum opinion in an interlocutory appeal from a trial court’s denial of the City’s plea to the jurisdiction relating to inverse condemnation claims for flooding. (A plea to the jurisdiction challenges the court’s authority to decide a case.)

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.