Tag: property rights

Koontz Wins Again – Unconstitutional Exactions Are Still Unconstitutional and Money Remains Private Property Deserving Constitutional Protection

Posted on May 5, 2014 in News & Events

Last week, Florida’s Fifth District Court of Appeal once again ruled in favor of Coy Koontz, Jr. in the case concerning his late father’s regulatory takings claim against the St. Johns River Water Management District.

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Guest Post: TransCanada XL Route Through Nebraska is Ruled Unconstitional

Posted on Feb 28, 2014 in News & Events

Today we bring you a guest post authored by OCA Nebraska member-attorney, William Blake, a partner in the Lincoln office of Nebraska law firm Baylor Evnen. Bill discusses the recent Nebraska District Court ruling which struck down a state law that allowed the Governor to approve a route for the TransCanada Keystone XL pipeline to cross the state.

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OCA’s Supreme Court Amicus Brief Seeks to Block the Government’s Efforts to Derail Rails-to-Trails Takings Cases

Posted on Nov 21, 2013 in News & Events

The Owners’ Counsel of America (OCA) and National Federation of Independent Business (NFIB) Small Business Legal Center* filed an amici curiae brief in support of the landowner in Brandt v. United States, No. 12-1173 (cert. granted October 1, 2013) urging the United States Supreme Court to reverse a Tenth Circuit Court of Appeals decision which held that the United States retained an implied reversionary interest in railroad rights of way.

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OCA Attorneys Honored to Particpate in 10th Annual Brigham-Kanner Property Rights Conference

Posted on Oct 28, 2013 in News & Events

On October 18, OCA member-attorneys participated in the 10th annual Brigham-Kanner Property Rights Conference at William and Mary Law School in Williamsburg, Virginia. Annually, legal scholars, practitioners and members of the judiciary who have a specific interest in property law and property rights gather to discuss current topics in takings law and property rights.

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10th Annual Brigham-Kanner Property Rights Conference in Williamsburg, Virginia

Posted on Oct 18, 2013 in News & Events

We are currently attending, along with a number of legal scholars, practicing lawyers and law school students, the 10th Annual Brigham-Kanner Property Rights Conference at William & Mary Law School in Williamsburg, Virginia. The Conference began Thursday evening with the presentation of the Brigham-Kanner Prize to Professor Thomas W. Merrill, the Charles Evan Hughes Professor at Columbia Law School.

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Supreme Court Grants Cert in Brandt v. US, Rails to Trails Takings Case

Posted on Oct 4, 2013 in News & Events

Earlier this week the U.S. Supreme Court granted certiorari in Brandt Revocable Trust v. United States, (12-1173). As our colleague, Robert Thomas, explains this was a “not-entirely-unexpected move” by the Court due to the fact that the Tenth Circuit acknowledged that its ruling created a “circuit split” and the Solicitor General did not oppose the landowner’s petition.

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SCOTUS Confirms Property Rights Are Civil Rights Deserving the Highest Constitutional Protections in Koontz v. St. Johns River Water Mgmt Dist

Posted on Jun 25, 2013 in News & Events

The Supreme Court issued its decision today in Koontz v. St. Johns River Water Mgmt District, No. 11-1447 (cert. granted Oct. 5, 2012), holding that the “essential nexus” and “rough proportionality” standards established by Nollan and Dolan apply not only to exactions for land as a condition for land use permits but also to the government’s demand for money in exchange for permitting.

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Eight Owners’ Counsel of America Attorneys Recognized as “Lawyers of the Year”

Posted on Jun 13, 2013 in News & Events

OCA wishes to congratulate its 8 member-attorneys who have been recognized as 2013 “Lawyers of the Year” by The Best Lawyers in America® 2013 (Copyright 2012 by Woodward/White, Inc., of Aiken, SC). Best Lawyers®, the oldest lawyer-rating publication in the U.S., honors only a single lawyer in each practice area and designated metropolitan community as “Lawyer of the Year,” making this honor particularly significant.

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10th Annual Brigham-Kanner Property Rights Prize Recipient Announced: Columbia Prof. Thomas W. Merrill

Posted on Apr 10, 2013 in News & Events

William & Mary School of Law recently announced that Columbia Law School Professor Thomas W. Merrill will receive the 2013 Brigham-Kanner Property Rights Prize at the 10th annual Brigham-Kanner conference October 17-18, 2013, in Williamsburg, Virginia.

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Saint Augustine Property Owners Prevail in Bert J. Harris Appeal with Nation’s Oldest City

Posted on Mar 22, 2013 in News & Events

The Owners’ Counsel of America applauds a recent appellate victory for Florida property owners and congratulates its Florida Member, Andrew Brigham, and his clients.

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