Tag: just compensation

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.]