Yearly Archives: 2013

The University of Chicago Press and the Law and Courts Section of the American Political Science Association has published the inaugural volume of the new Journal of Law and Courts (JLC). The JLC is an interdisciplinary, peer-reviewed journal covering a wide-range of topics devoted to the examination of legal institutions, actors, processes and policy.

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.

Last month Alabama Governor Robert Bentley signed into law SB96, titled the “Major 21st Century Manufacturing Zone Act.” The law allows any Alabama city to create a “manufacturing” tax increment financing, or TIF, zone for a number of industries including automotive, aviation, medical, pharmaceutical, semiconductor, computer, electronics, energy conservation, cyber technology and biomedical but requires any municipality wishing to create a TIF zone under the law to invest at least $100 million on a site larger than 250 contiguous acres.

New Jersey has taken one step forward toward updating its redevelopment laws and enacting legislative protections for private property owners. Earlier this month the New Jersey Senate Community and Urban Affairs Committee advanced legislation that would be the first update to the state’s eminent domain laws since the landmark U.S. Supreme Court decision Kelo v. City of New London, 545 U.S. 469 (2005), in which the Court ruled that the use of eminent domain for economic development is permitted under the “public use” provision of the 5th Amendment.

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

Last week the Montana Senate passed a bill repealing a 2011 law that provided the power of eminent domain to private utility companies constructing merchant transmission lines. Senate Bill 180, sponsored by Senator Debby Barrett (Rep.), passed the Senate with a vote of 28-22 and was sent to the House on February 27.

The Owners’ Counsel of America has elected three accomplished eminent domain attorneys to serve on its board of directors for 2013: James D. Masterman, a shareholder in the Boston, Massachusetts office of Greenberg Traurig, LLP; Charles L. Ruffin, a shareholder in the Baker, Donelson, Bearman, Caldwell & Berkowitz, PC offices in Atlanta and Macon, Georgia: and Mark D. Savin, an officer at Fredrikson & Byron, P.A. in Minneapolis, Minnesota.

Last week, the North Carolina House of Representatives passed, by a vote of 110-8, House Bill 8, which seeks to limit the government’s power of eminent domain. HB 8 also passed a first reading in the NC Senate and has been referred to committee.

The Owners’ Counsel of America welcomed two new member-attorneys in January. Anthony H. Misseldine, Esq. of Jackson White, P.C. in Mesa joined as the Arizona representative and Joseph P. Suntum, Esq. of Miller, Miller & Canby in Rockville joined as the Maryland representative of OCA. Mr. Suntum succeeds his partner, James L. Thompson, Esq., who has been named an Emeritus Member of the association.

The Owners’ Counsel of America recently honored one of the country’s leading Constitutional attorneys, James S. Burling, Esq., for his commitment to protecting individual liberty, especially the right of private property ownership. For over 29 years, James Burling has battled the government on behalf of private property owners across the United States in eminent domain, land use regulation and regulatory takings challenges.