Tag: property rights
Changes Ahead For Property Owners: After More Than 30 Years, Supreme Court Reopens Federal Courthouse Door To Property Rights Claims
Posted on Jun 28, 2019 in News & Events
OCA Member Robert Thomas seeks to alert all property owners in his recent posting on the impact of the U.S. Supreme Court’s recent landmark decision in Knick v. Township of Scott: Heads up, property owners: last week the U.S. Supreme Court issued a landmark ruling changing the way property rights lawsuits have been handled for the last thirty years. In Knick v. Township of Scott, the Court allowed property owners who sue to enforce their federal right to compensation because a municipal government has taken their property in violation of the U.S. Constitution’s Fifth Amendment by overregulating its use, to bring the lawsuit in federal court. You might reasonably ask: how could it be that since 1985, property owners who alleged a federalconstitutional violation were barred from suing in federal court? Well, the lawyers in our firm’s Land Use Practice Group who represent property owners in these type of cases had long asked the very same question. The details of why the Supreme Court—in the case Williamson County Regional Planning Commission v. Hamilton Bank (1985)—had barred federal takings plaintiffs from federal court are not terribly important, and it is sufficient to understand that until Knick, these kind of claims had to be raised exclusively in state court. No other federal constitutional right was subject to this requirement, only federal property rights. Williamson County assigned to state judges and state courts the exclusive responsibility for enforcing the federal constitutional right to own and use private property. In Knick, the Supreme Court revisited theWilliamson […]
Three New Directors Elected to Serve on OCA’s Board of Directors
Posted on Feb 10, 2019 in News & Events
Owners’ Counsel of America has elected three accomplished eminent domain attorneys to serve on its Board of Directors for 2019. They are Hertha Lund with Lund Law, PLLC in Bozeman, Montana; Casey Pipes with Helming Leach Law Firm in Mobile, Alabama; and Joseph Suntum with Miller, Miller & Canby in Rockville, Maryland. Hertha Lund represents landowners in matters involving eminent domain, property rights, water rights, and wind energy development across the State of Montana. Hertha has argued numerous cases before the Ninth Circuit and the Federal Circuit Court of Appeals, various Federal Circuit Courts, and the District Courts in Montana. She also served as Law Clerk to Chief Judge Loren A. Smith at the U.S. Court of Federal Claims. While in law school, Hertha served as Co-Editor-In-Chief of the Montana Law Review. And at Montana State University, she studied Animal Science, Range Management, and Pre-Veterinary Medicine. She has served on non-profit boards and is actively involved in the leadership of her church. Casey Pipes is both the managing shareholder of his law firm and an active practicing attorney, representing landowners in condemnation actions throughout Alabama in both federal and state courts. Casey is also a member of The Counselors of Real Estate®, an international organization of real estate professionals recognized as the leading advisors in complex real property matters. Casey previously served as Chair of several American Bar Association Committees and is also a frequent speaker at national and state-wide educational seminars on the subject of eminent domain and real property litigation. On the national level, he has presented papers at several of the […]
2018 Crystal Eagle Award Winner Luis Gallardo-Rivera
Posted on Feb 6, 2018 in News & Events
Owners’ Counsel of America (OCA) announces that it has presented its highest honor, the Crystal Eagle Award, to Luis Gallardo-Rivera of Puerto Rico, a person who has consistently demonstrated his passion and commitment to the protection of private property rights in his native country of Puerto Rico. Working with other dedicated citizens who believe that the residential communities of Puerto Rico need not be sacrificed in the name of economic and private redevelopment projects, Luis Gallardo-Rivera has fought diligently to transform and modernize Puerto Rico’s eminent domain laws. In 2012, as a student in the pro bono clinic of the University of Puerto Rico School of Law, Luis and others worked closely with Professor Maria Hernandez to draft municipal ordinances designed to curb expropriation abuses at the local level. Later, under the mentorship of Professor Adi Martinez, Luis participated in the investigation and legal filings that led to the Supreme Court’s decision in Guaynabo vs. Commonwealth of Puerto Rico, finding that the rights of hundreds of families living in the community of Vietnam had been violated by their unlawful displacement. Later, in 2015 Luis was instrumental in drafting and lobbying for the passage of House Bill 2321, a major piece of legislation designed to update and transform the eminent domain laws of Puerto Rico in order provide private landowners faced with the taking of their property greater legal protections and due process safeguards. Although House Bill 2321 was tabled without being acted upon, the hard work of Luis and other dedicated individuals brought public and media attention to the critical […]
14th Annual Brigham-Kanner Property Rights Conference, October 12-13, 2017
Posted on Sep 1, 2017 in Articles
Several members of Owners’ Counsel of America will be speaking at the 14th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School in Williamsburg, Virginia on October 12-13, 2017. The Conference is honoring University of Hawaii Law School Professor David Callies (the 2015 Recipient of OCA’s Crystal Eagle award), for his lifetime of work, both scholarly and practical, advancing the right of private property. Please join us for this exciting event.
Join Owners’ Counsel at the Eminent Domain & Land Valuation 2017 CLE in San Diego
Posted on Nov 29, 2016 in News & Events
Join Owners’ Counsel of America attorneys at the 34th annual American Law Institute Eminent Domain and Land Valuation Litigation course in San Diego, California. This live CLE program will take place Thursday – Saturday, January 26-28, 2017 at the Westin San Diego, in downtown San Diego, California.
Owners’ Counsel Participates in International Property Rights Conference
Posted on Oct 28, 2016 in News & Events
During a ceremony at The Peace Palace in The Hague on October 21, the 2016 the 2016 Brigham-Kanner Property Rights Prize was awarded to Peruvian economist Hernando de Soto, President of the Institute of Liberty and Democracy. An advocate for the formal recognition of private property ownership as a solution to global poverty, de Soto has been recognized internationally for his work. The Prize was awarded following the conclusion of the 13th Annual Brigham-Kanner International Property Rights Conference in which a number of OCA attorneys participated.
Eminent Domain Attorneys with Owners’ Counsel of America Earn CRE® Designation
Posted on Jun 13, 2016 in News & Events
The Owners’ Counsel of America wishes to congratulate eminent domain attorneys Joseph P. Suntum of Maryland and William G. Blake of Nebraska who were recently awarded the CRE® designation from the Counselors of Real Estate®. A Counselor of Real Estate (CRE) provides intelligent, unbiased real estate advice that achieves the best results for a client or employer. Joe and Bill join the more than 1,100 CREs worldwide, including 5 other OCA attorney-members (Casey Pipes – Alabama, Jack Sperber – Colorado, Dwight Merriam – Connecticut, Anthony DellaPelle – New Jersey, and Michael Rikon – New York).
California Court Rules that Obstructing a Private View Does Not Amount to Inverse Condemnation
Posted on Jun 7, 2016 in Articles
A recent case out of the California Court of Appeal illustrates two important aspects of the law of inverse condemnation in The Golden State. Inverse condemnation involves the government appropriating private property rights without adhering to the Constitutional and legal requirements for the exercise of eminent domain (including payment of just compensation). You can read more about the differences between eminent domain (also referred to as “condemnation”) and inverse condemnation here.
Owners’ Counsel of America Files Amici Brief with The Cato Institute in SCOTUS Property Rights Case
Posted on May 25, 2016 in Articles
On January 15, 2016, the Supreme Court of the United States announced that it will hear the regulatory takings case of Murr v. Wisconsin, No. 15-214, an appeal out of the Wisconsin Court of Appeals. Wisconsin’s intermediate court ruled that a property owner’s separate but adjacent parcels should be considered as a single property for purposes of determining if an uncompensated taking has occurred, despite the fact that doing so substantially deprived the owner of the value of one of the independent parcels. Owners’ Counsel of America (OCA) and The Cato Institute (Cato) are asking the Supreme Court to reach a different conclusion.
Property Owners Entitled to Just Compensation for Intentional Flooding of Their Land
Posted on Apr 18, 2016 in Articles
In some inverse condemnation cases (in which the government takes private property without properly exercising its power of eminent domain), the taking involves some sort of constructive use, such as the building of a road, sidewalk, utility infrastructure or park. These uses are most often intended to be permanent – and whether the taking involves a transfer of ownership or establishment of an easement or right-of-way, the private landowner loses some or all of his or her property rights for good. But, what happens when the government comes onto private property, temporarily floods it, and then leaves? Does this constitute a taking requiring payment of just compensation? The U.S. Supreme Court thought so 2012, and a California appellate court recently agreed.