Yearly Archives: 2012

CNBC India recently examined the similarities and differences of eminent domain laws and procedures around the world on it’s legal program, The Firm. The program’s focus upon eminent domain stems from legislation introduced in Indian in 2011, the Land Acquisition Bill, which proposes to allow the government to acquire land on behalf of private companies for public purpose. The bill defines public purpose as the building of roads, highways, strategic defense and other accepted public purposes.

In 2011, the Eminent Domain Review was launched by Kevin E. Anderson of Anderson, Call & Wilkinson in Salt Lake City, Utah. Kevin is the Utah Member of the Owners’ Counsel of America and has been blogging about recent cases and issues related to eminent domain from the Utah state and federal courts.

Randall A. Smith, the Louisiana Member of Owners’ Counsel, recently secured a jury verdict of $9,566,640 as just compensation for the expropriation of property owned at 1732 Canal Street in downtown New Orleans. The verdict awards the property owner more than double the $4.5 million originally paid by the state of Louisiana when it took the property using the power of eminent domain in 2010.

On the eve of a hearing before the New York Supreme Court, Appellate Division, the City of New York has withdrawn its eminent domain suit and halted efforts to acquire private property in the “Iron Triangle” of Willets Point, Queens. The condemnation actions were scheduled for a hearing Monday at which time the property owners’ attorney, Michael Rikon, planned to contend that the City’s proposed takings for the $3 billion Willets Point redevelopment plan were neither for a public purpose nor conducted appropriately under requirements set forth in NY State’s Eminent Domain Procedure Law (EDPL), the New York State Constitution or the U.S. Constitution.

This morning the Supreme Court issued its order listing, among other things, the cases which the court has decided it will or will not grant certiorari. Of those to be denied review is the eminent domain case of River Center LLC v. Dormitory Authority of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012) in which the constitutional guarantee of “just compensation” is at issue.

Last week Willets Point United, a group of business and land owners dedicated to fighting eminent domain abuse in Willets Point, Queens, NY, and supporters of private property owners rallied in support of H.R. 1433, The Private Property Rights Protection Act of 2012. H.R. 1433 prohibits the use of federal funds for economic development projects that use the power of eminent domain to take private property for anything other than public use.

The state has filed its Brief in Opposition to the property owner’s Petition for Certiorari in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012). This case involves one of the largest condemnations of private property in the history of New York City – the taking of the unused development rights of an entire city block located in the neighborhood of the Lincoln Center for the Performing Arts.

Owners’ Counsel of America welcomes Anthony F. Della Pelle, Esq., CRE of McKirdy & Riskin, P.A. in Morristown, New Jersey as the New Jersey member dedicated to representing landowners throughout the State. Mr. Della Pelle succeeds his partner, Edward D. McKirdy, Esq. who previously served as the New Jersey representative.

The Owners’ Counsel of America is greatly saddened by the death of our fellow Member and friend, Jay S.Dushoff. A nationally recognized condemnation and property rights attorney, Mr. Dushoff passed away on March 21, 2012 in Phoenix, AZ following a long battle with cancer.

Farmer Todd Kuehm has battled the Township of Montville for almost a decade seeking to simply use the groundwater beneath his land for irrigation. Mr. Kuehm’s 28 acre farm is located on the Towaco Aquifer which supplies water to many area residents. Despite the property’s natural water resources, Montville has prohibited Mr. Kuehm, a fourth generation New Jersey farmer, from using the groundwater to irrigate his crops.