Yearly Archives: 2015

On October 1, the William & Mary Law School Property Rights Project honored Professor Joseph Singer with the 2015 Brigham-Kanner Property Rights Prize for his scholarship concerning property’s relationship to our political, economic, and social systems.  Prof. Singer was honored during a candlelight dinner in the Great Hall of the historic Sir Christopher Wren Building, commencing the 12th annual Brigham-Kanner Property Rights Conference.

Property owners who have their land condemned by the government are entitled to just compensation. This is a fundamental right established by the Fifth Amendment to the U.S. Constitution and contained in state constitutions as well. While these constitutional protections are often the greatest source of compensation for property owners in eminent domain cases, they are not the only sources. Depending on the circumstances, various statutes may provide additional financial recourse for individuals and businesses that have their property taken using the power of eminent domain. These statutes often: Require payment of more than “just compensation” under certain circumstances Entitle property owners to recover their attorneys’ fees for defending their rights in a condemnation suit Provide property owners with compensation for their relocation costs.

This evening Joseph William Singer, Bussey Professor of Law at Harvard Law School, will be presented with the 2015 Brigham-Kanner Property Rights Prize on the campus of William & Mary in Williamsburg, Virginia.  Professor Singer will be the 12th recipient of this prestigious award which is presented annually to a scholar, lawyer or jurist whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights play in the broader scheme of individual liberty.

Since President Obama’s veto of a Senate bill authorizing construction of the Keystone XL pipeline in February, speculation regarding the ultimate fate of the pipeline project has continued to swirl. As we fast approach the seven-year anniversary of the Keystone XL pipeline’s original proposal, Congress, the Canadian government, residents along the pipeline’s proposed path and TransCanada (the oil company behind the pipeline) all appear to be getting anxious about the President’s and the State Department’s impending decision on whether to allow the project to move forward.

A recent decision from New York highlights many of the key arguments that eminent domain attorneys can raise on behalf of their landowner clients in cases involving eminent domain. Although the property owners in this case were unsuccessful in their attempt to dismiss the taking, the arguments are instructive for property owners considering taking action to protect their legal rights.

The concepts – and even terminology – involved in eminent domain law are complex and can be confusing. To help property owners understand the condemnation process, we have published answers to many frequently asked questions (FAQs). In this article, we provide answers to some additional FAQs that might be helpful to property owners. The answers provided are for informational purposes only, and should not be construed as legal advice. For a free initial consultation, please contact an Owners’ Counsel eminent domain lawyer to discuss your situation.

While the Keystone XL pipeline and other condemnation matters make national headlines, state lawmakers across the country are proposing legislation to protect property owners’ rights. In this article, we review four state legislative efforts that could reshape eminent domain law and property rights in 2015 and beyond.

You have received a notice from the government informing you that your property is needed for a public project.  The notice suggests that the government will use its power of eminent domain to take your property, if you can not reach an agreement on the price that the government should pay you for your land.  The idea of challenging the government to defend your property, protect your rights and make sure that you are compensated fairly can be overwhelming and may even seem out of reach.  You might wonder if you can afford to hire an experienced condemnation attorney to guide you through the eminent domain process and defend your property rights.  

If you own property on the proposed route of the Keystone XL Pipeline, it is important to understand your legal rights. Below are answers to some frequently asked questions about the Keystone XL Pipeline. You can also read our answers to frequently asked questions about eminent domain.

The Fifth Amendment to the U.S. Constitution establishes that the government must pay property owners just compensation for the taking of private property for a public purpose. Most government takings involve the condemnation of private property using the power of eminent domain. In a typical eminent domain case, the government issues a notice in advance of the taking and in most jurisdictions makes an initial offer to purchase the needed property.