Yearly Archives: 2012

A new book, The Law of Eminent Domain: Fifty-State Survey, has recently been published by the ABA Section of Litigation, Condemnation, Zoning and land Use Committee offering a summary of the laws and procedures of condemnation in each state and the District of Columbia.

A new book, The Law of Eminent Domain: Fifty-State Survey, has recently been published by the ABA Section of Litigation, Condemnation, Zoning and land Use Committee offering a summary of the laws and procedures of condemnation in each state and the District of Columbia.

In addition to the other eminent domain issue that has been all over the news of late, the Keystone XL pipeline and the grant of eminent domain power to TransCanada for the project has been one of the big eminent domain story this year.

If you are in Honolulu early next month and looking for something other than beautiful beaches, golf, and hiking trails (among the many other amazing attractions) to enjoy, check out the Honolulu Museum of Art film series: “The First Thing We Do, Let’s Film All The Lawyers.”

There has been much discussion in the media recently concerning a proposed plan developed by San Bernadino County, the cities of Fontana and Ontario, California, and a San Francisco venture capital firm, Mortgage Resolution Partners which seeks to condemn underwater mortgage loans for the purpose of restructuring debt. For those who may not be following this story closely, below is a recap of the basic ideas.

We are pleased to announce that Dwight H. Merriam of Robinson & Cole in Hartford, Connecticut has joined the Owners’ Counsel as the Connecticut attorney-member dedicated to representing private property owners, developers and businesses in eminent domain, inverse condemnation, land use and related property rights matters.

Last week the Owners’ Counsel of America filed an amicus curiae brief in support of the property owner in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted April 2, 2012) urging the United States Supreme Court to reverse a decision by a Federal Circuit Court which erroneously found that the federal government’s recurrent flooding did not constitute a compensable taking of private property simply because of its temporary nature.

The Owners’ Counsel of America filed an amicus curiae brief in support of the property owner in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted April 2, 2012) urging the United States Supreme Court to reverse a decision by a Federal Circuit Court which erroneously found that the federal government’s recurrent flooding did not constitute a compensable taking of private property simply because of its temporary nature.

Recently, Baylor Evnen, a law firm with offices in Lincoln and Syracuse, Nebraska launched a blog discussing eminent domain law in Nebraska. The goal of baylorevnencondemnation.com “is to provide information that every Nebraska landowner should know if faced with the prospect of having property taken through eminent domain.”

Last week, Senators John Cornyn of Texas and Rand Paul of Kentucky introduced legislation to strengthen private property rights by limiting the power of eminent domain. The Protection of Homes, Small Businesses and Private Property Act of 2012 seeks to prevent the federal government from using its eminent domain power and state and local governments from using federal funds to fund the use of eminent domain for economic development.