Tag: property rights
OCA & NFIB Amici Brief: Cities Can’t Force Homebuilders To Provide More Than Fair Share Of Affordable Housing
Posted on Oct 22, 2015 in News & Events
Last week, OCA and the National Federation of Independent Business (NFIB) Small Business Legal Center filed an amici curiae brief with the United States Supreme Court urging the protection of private property rights from overreaching government regulation. The brief requests the Court agree to review the California Supreme Court’s decision in California Building Industry Association v. San Jose, No. 15-330 (September 16, 2015).
Harvard Law Prof. Joseph Singer Recently Honored with 2015 Brigham-Kanner Property Rights Prize
Posted on Oct 21, 2015 in News & Events
On October 1, the William & Mary Law School Property Rights Project honored Professor Joseph Singer with the 2015 Brigham-Kanner Property Rights Prize for his scholarship concerning property’s relationship to our political, economic, and social systems. Prof. Singer was honored during a candlelight dinner in the Great Hall of the historic Sir Christopher Wren Building, commencing the 12th annual Brigham-Kanner Property Rights Conference.
Recent New York Condemnation Case Highlights Key Issues for Owners Seeking to Protect Their Property
Posted on Sep 28, 2015 in Articles
A recent decision from New York highlights many of the key arguments that eminent domain attorneys can raise on behalf of their landowner clients in cases involving eminent domain. Although the property owners in this case were unsuccessful in their attempt to dismiss the taking, the arguments are instructive for property owners considering taking action to protect their legal rights.
More Answers to Property Owners’ Frequently Asked Questions about Eminent Domain
Posted on Sep 21, 2015 in Articles
The concepts – and even terminology – involved in eminent domain law are complex and can be confusing. To help property owners understand the condemnation process, we have published answers to many frequently asked questions (FAQs). In this article, we provide answers to some additional FAQs that might be helpful to property owners. The answers provided are for informational purposes only, and should not be construed as legal advice. For a free initial consultation, please contact an Owners’ Counsel eminent domain lawyer to discuss your situation.
Can I Afford to Hire an Eminent Domain Attorney?
Posted on Sep 5, 2015 in Articles
You have received a notice from the government informing you that your property is needed for a public project. The notice suggests that the government will use its power of eminent domain to take your property, if you can not reach an agreement on the price that the government should pay you for your land. The idea of challenging the government to defend your property, protect your rights and make sure that you are compensated fairly can be overwhelming and may even seem out of reach. You might wonder if you can afford to hire an experienced condemnation attorney to guide you through the eminent domain process and defend your property rights.
U.S. House of Representatives Re-Introduces Bill Limiting the Government’s Exercise of Eminent Domain
Posted on Aug 31, 2015 in Articles
United States Congressman Jim Sensenbrenner (R-Wis.) has re-introduced a bill in the House of Representatives that would place limits on federal, state and local governments’ exercise of the power of eminent domain. If passed, the Private Property Rights Protection Act (PPRPA) would provide a financial disincentive for state and local government agencies seeking to condemn private property for purposes of “economic development.”
It’s Been 10 Years Since Kelo v. City of New London. Where are We Now?
Posted on Aug 14, 2015 in Articles
On June 23, 2005, the U.S. Supreme Court handed down one of the most controversial property rights decisions in recent history. The Court’s 5-4 decision holding that New London, CT could condemn 15 homes and transfer ownership to a private entity for the purpose of encouraging “economic development” sent a shockwave through the property rights landscape and ignited a decade’s worth of debates, court battles and legislative efforts in response to the ruling. With June 2015 marking the 10-year anniversary of Kelo v. City of New London, let’s take a look back at how we got to where we are today.
Amici Brief Supporting California Property Owners in Eminent Domain Case Argues the Sky Will Not Fall if the State Follows Procedures
Posted on Mar 20, 2015 in News & Events
The Owners’ Counsel of America (OCA) and the National Federation of IndependentBusiness (NFIB) Small Business Legal Center have filed an amici curiae brief in support of Sacramento-San Joaquin Delta property and business owners in Property Reserve, Inc. v. Superior Court, case number S217738.
Owners’ Counsel of America Recognizes UH Law Professor David Callies with the 2015 Crystal Eagle Award for His Scholarship on Takings Law and Private Property Rights
Posted on Feb 17, 2015 in News & Events
In a ceremony February 7, 2015 at the Nikko Hotel in San Francisco, OCA recognized Professor David L. Callies, the Benjamin A. Kudo Professor of Law at the University of Hawai‘i William S. Richardson School of Law, for his lifetime of scholarship addressing land use, eminent domain, takings law and private property rights.
Amici Brief Asks Supreme Court to Confirm that Property Rights Are Fundamental Rights Deserving Constitutional Protection
Posted on Nov 11, 2014 in News & Events
The National Federation of Independent Business (NFIB) Small Business Legal Center, Cato Institute, Rutherford Institute and Owners’ Counsel of America (OCA) have joined together in filing an amici brief urging the U.S. Supreme Court to grant review of the Eleventh Circuit’s decision in Kentner v. City of Sanibel, No.13-13893 (May 8, 2014) (Supreme Court Docket No. 14-404).