Tag: property rights

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.  

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.

Posted on Apr 7, 2016 in News & Events

The William & Mary Property Rights Project recently announced that Peruvian economist Hernando de Soto, president of the Institute for Liberty and Democracy (ILD), will receive the 2016 Brigham-Kanner Property Rights Prize at the 13th annual Brigham-Kanner Property Rights conference October 2016.  The Property Rights Project also announced its cooperation with the Grotius Centre for International Legal Studies of Leiden Law School and plans to host this years event in The Hague.  

Posted on Mar 22, 2016 in Articles

Owners’ Counsel of America member-attorneys are dedicated to assisting private property owners defend their property rights when those rights are threatened by government intrusion or overreach. We realize that many of terms we discuss here and the concepts involved in eminent domain law are complex and can be confusing.  To shed some light on this “dark corner of the law” we have answered some of the frequently asked questions landowners may have relating to eminent domain and the condemnation process here and here.  In this article, we discuss the differences between eminent domain and inverse condemnation. Eminent Domain vs. Inverse Condemnation Eminent Domain There are two types of government acquisition or “taking” of private property.  One form of property acquisition includes the government’s exercise of its eminent domain power to force the sale of private property for a public project or use.  Eminent Domain – also referred to as “condemnation” – is the power of local, state or federal government agencies to take private property for public use provided the owner is paid just compensation. Sometimes, private corporations such as oil and gas companies, railroads or redevelopment authorities may be granted eminent domain power to construct projects providing a benefit to the public. The use of eminent domain power to take property is referred to by many terms and varies from state to state as well as internationally.  The acquisition may be referred to as a “condemnation” or “direct condemnation,” “expropriation,” “appropriation” or simply a “direct taking.”  In a direct condemnation or direct taking scenario, the government agency or other entity using the power […]

Posted on Mar 3, 2016 in Articles

If you received a condemnation notice or a notice that your property may be needed for a public project, it means that a federal, state or local government authority is seeking to acquire your property (or an interest in your property) using the power of eminent domain. Eminent domain is the power granted to the government and governmental agencies to seize private property for public use. This power is not absolute and as a property owner, you have a number of important legal rights. However, protecting these rights can be a challenge.

Posted on Feb 29, 2016 in News & Events

OCA is pleased to welcome eminent domain and property rights lawyer Jeremy P. Hopkins as the Virginia member of OCA’s nationwide network of eminent domain attorneys.  Mr. Hopkins succeeds his partner, Joseph T. Waldo, who was a founding member of OCA and who has been named as an Emeritus Member of the association. OCA is grateful to Joe Waldo for his years of dedication and commitment to OCA and to defending property owners. We look forward to continuing to work together with Joe and Jeremy in Virginia and across the United States to protect and preserve private property rights.

Posted on Feb 11, 2016 in News & Events

On January 30, 2016 Owners’ Counsel of America honored Oregon property rights, land use and condemnation attorney Donald Joe Willis with the Crystal Eagle Award for his advocacy over more than four decades on behalf of private property owners in land use, eminent domain and regulatory takings litigation throughout Oregon and nationally.

Posted on Jan 4, 2016 in Articles

In most eminent domain cases, property owners are fighting to protect their land from condemnation. Whether for a public park, road, hospital, or utility, the government most often uses its power of eminent domain to obtain the right to build on private property. But, what if the government isn’t seeking to take your property, but rather the resources beneath it? This presents an important question for landowners in resource-rich states like California, Montana, Pennsylvania, West Virginia, and others. Recently, cases and proposed statutes affecting private property owners’ natural gas and water rights have brought this issue to the forefront.

Posted on Dec 14, 2015 in News & Events

Eminent domain attorneys, appraisers, engineers and other professionals in the field of eminent domain, property rights and land valuation litigation will gather this January to discuss the hot topics, newest cases and emerging issues impacting eminent domain law and those who practice in this area.  The 33rd Annual American Law Institute Eminent Domain and Land Valuation Litigation course is scheduled to take place January 28-30 at the Hotel Van Zandt in Austin, Texas.

Posted on Nov 9, 2015 in News & Events

In October, a group of New Jersey beachfront homeowners brought suit against the New Jersey Department of Environmental Protection (DEP) seeking to prevent the agency’s use of eminent domain. Represented by eminent domain lawyer and OCA New Jersey representative Anthony DellaPelle, the property owners argue that the DEP’s plan to construct protective sand dunes on their properties would prevent them from taking their own precautions to avoid damage to their homes and land.