Property Rights

Property Rights and Taking Claims

Owners’ Counsel lawyers have been and continue to be involved in significant property rights cases in nearly every state and every jurisdiction nationwide. OCA lawyers have either represented property owners directly or OCA itself has participated in the filing of Amicus Briefs in many of the property takings and property rights cases that have been considered by the United States Supreme Court over the past forty years, including:

  • Kaiser Aetna v. United States, 444 U.S. 164 (1979);
  • Agins v. City of Tiburon, 447 U.S. 255 (1980);
  • First English Evangelical Lutheran Church v. Los Angeles County, 482 U.S. 304 (1987);
  • Nollan v. Cal. Coastal Comm’n, 483 U.S. 825 (1987);
  • Yee v. City of Escondido, 503 U.S. 519 (1992);
  • Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992);
  • Dolan v. City of Tigard, 512 U.S. 374 (1994);
  • Preseault v. ICC, 494 U.S. 1 (1986);
  • City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687 (1999);
  • Palazzolo v. Rhode Island, 533 U.S. 606 (2001);
  • Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 535 U.S. 302 (2002);
  • San Remo Hotel, L.P. v. City and County of San Francisco, 545 U.S. 323 (2005);
  • Lingle v. Chevron U.S.A., Inc., 544 U.S. 528 (2005);
  • Kelo v. City of New London, 545 U.S. 469 (2005); and
  • Winter v. Natural Res. Def. Council, 129 S. Ct. 365 (2008).

Property Issues We Do Not Generally Handle

OCA and OCA lawyers strive to help as many property owners as possible. However, there are certain property-related issues that we do not handle, unless related in some meaningful way to a takings claim. To review a list of such matters visit Matters We Do Not Handle, where you will also find some helpful guidance on other legal resources you may wish to investigate.

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