Tag: just compensation
OCA Files Amicus Brief in Support of Wyoming Landowner in “Rails-to-Trails” Takings Case Seeking SCOTUS Review
Posted on Apr 25, 2013 in News & Events
Today, the Owners’ Counsel of America (OCA) filed an amicus curiae brief in support of the landowner in Marvin M. Brandt Revocable Trust v. United States (12-1173) urging the United States Supreme Court to review a Tenth Circuit Court of Appeals decision in United States v. Brandt, 2012 WL 3935613 (C.A.10 (Wyo.)) which erroneously found that the federal government retained an “implied reversionary interest” in railroad rights of way granted under an 1875 Congressional Act.
Oral Arguments in SCOTUS Flooding Case Today: Does the Goverment Have a Duty to Pay Compensation For Damages Caused by Temporary Takings by Flooding?
Posted on Oct 3, 2012 in News & Events
Oral arguments have just begun in the Supreme Court case Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012). The case concerns the temporary flooding by the Army Corps of Engineers (ACOE) of property owned by the State of Arkansas Game & Fish Commission (AGFC) and subsequent damage to the trees existing on the flooded land.
New Eminent Domain Book Sheds Light on the “Dark Corner of the Law”
Posted on Aug 30, 2012 in News & Events
A new book, The Law of Eminent Domain: Fifty-State Survey, has recently been published by the ABA Section of Litigation, Condemnation, Zoning and land Use Committee offering a summary of the laws and procedures of condemnation in each state and the District of Columbia.
OCA Attorneys Weigh in on the Use of Eminent Domain to Restructure Underwater Mortgages
Posted on Aug 9, 2012 in News & Events
There has been much discussion in the media recently concerning a proposed plan developed by San Bernadino County, the cities of Fontana and Ontario, California, and a San Francisco venture capital firm, Mortgage Resolution Partners which seeks to condemn underwater mortgage loans for the purpose of restructuring debt. For those who may not be following this story closely, below is a recap of the basic ideas.
Owners’ Counsel of America files Amicus Brief in Support of Property Owner in Arkansas Flooding Case
Posted on Jul 10, 2012 in News & Events
Last week the Owners’ Counsel of America filed an amicus curiae brief in support of the property owner in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted April 2, 2012) urging the United States Supreme Court to reverse a decision by a Federal Circuit Court which erroneously found that the federal government’s recurrent flooding did not constitute a compensable taking of private property simply because of its temporary nature.
New Orleans Eminent Domain Attorney Secures More Than $9 Million Just Compensation for Private Property in Hospital Project Footprint
Posted on May 11, 2012 in News & Events
Randall A. Smith, the Louisiana Member of Owners’ Counsel, recently secured a jury verdict of $9,566,640 as just compensation for the expropriation of property owned at 1732 Canal Street in downtown New Orleans. The verdict awards the property owner more than double the $4.5 million originally paid by the state of Louisiana when it took the property using the power of eminent domain in 2010.
SCOTUS Denies Review in NYC Just Compensation Case
Posted on Apr 30, 2012 in News & Events
This morning the Supreme Court issued its order listing, among other things, the cases which the court has decided it will or will not grant certiorari. Of those to be denied review is the eminent domain case of River Center LLC v. Dormitory Authority of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012) in which the constitutional guarantee of “just compensation” is at issue.
New York’s Brief in Opposition to River Center’s Cert Petition
Posted on Mar 28, 2012 in News & Events
The state has filed its Brief in Opposition to the property owner’s Petition for Certiorari in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012). This case involves one of the largest condemnations of private property in the history of New York City – the taking of the unused development rights of an entire city block located in the neighborhood of the Lincoln Center for the Performing Arts.
Arkansas Jury Awards Property Owners Just Compensation Five Times the Government’s Offer
Posted on Mar 8, 2012 in News & Events
Last week a jury in Boone County, Arkansas awarded two landowners $341,500 for private property condemned by the Ozark Mountain Regional Public Water Authority. The verdict represents an increase of more that five times the $67,000 offer made to the owners by the water authority for their 29.87 acres.
More Amicus Briefs Filed in Support of Property Owner in Just Compensation Case
Posted on Mar 5, 2012 in News & Events
Two other amicus briefs have been filed in support of the petitioner in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012). [Disclosure: Owners’ Counsel has also filed an amicus brief in support of the petitioner, see our previous post here.]