Yearly Archives: 2015

United States Congressman Jim Sensenbrenner (R-Wis.) has re-introduced a bill in the House of Representatives that would place limits on federal, state and local governments’ exercise of the power of eminent domain. If passed, the Private Property Rights Protection Act (PPRPA) would provide a financial disincentive for state and local government agencies seeking to condemn private property for purposes of “economic development.”

On June 23, 2005, the U.S. Supreme Court handed down one of the most controversial property rights decisions in recent history. The Court’s 5-4 decision holding that New London, CT could condemn 15 homes and transfer ownership to a private entity for the purpose of encouraging “economic development” sent a shockwave through the property rights landscape and ignited a decade’s worth of debates, court battles and legislative efforts in response to the ruling. With June 2015 marking the 10-year anniversary of Kelo v. City of New London, let’s take a look back at how we got to where we are today.

Today, Owners’ Counsel of America and The Counselors of Real Estate® (CRE) will present our first cooperative webinar: Kelo v. New London: The Grasping Hand and Its Legacy at 12:30 PM (Eastern) / 11:30 AM (Central) / 10:30 AM (Mountain) / 9:30 AM (Pacific) / 6:30 AM (Hawaiian). Participants can register here.

When you learn that your property may be condemned, you need information and advice as to how to proceed and what actions to take. Here are a number of common questions and answers which may be helpful, including: What is eminent domain? Who can use eminent domain? What does “public use” mean? Can eminent domain be used to take my property and give it to another private party?

This morning the Virginia Supreme Court issued its opinion in Ramsey v. Commissioner of Highways, No. 149029, finding that the Virginia Department of Transportation’s (VDOT) initial pre-condemnation appraisal is not a confidential offer of settlement, but rather, an admission of value that should be considered as evidence at trial.

The Owners’ Counsel of America (OCA) together with the Central Oregon Builders Association (COBA) and Oregonians In Action (OIA) filed an amicus brief supporting the property owner in State of Oregon v. Alderwoods (Oregon), Inc., case number S062766. The brief asks the Oregon Supreme Court to confirm a long-standing rule that owners of property directly adjacent to a highway have a right to direct access to the roadway.

The Owners’ Counsel of America (OCA) and the National Federation of IndependentBusiness (NFIB) Small Business Legal Center have filed an amici curiae brief in support of Sacramento-San Joaquin Delta property and business owners in Property Reserve, Inc. v. Superior Court, case number S217738.

In a ceremony February 7, 2015 at the Nikko Hotel in San Francisco, OCA recognized Professor David L. Callies, the Benjamin A. Kudo Professor of Law at the University of Hawai‘i William S. Richardson School of Law, for his lifetime of scholarship addressing land use, eminent domain, takings law and private property rights.

The Judge of the District Court of Holt County, Nebraska issued a temporary injunction on February 12, 2015, halting Transcanada’s efforts in Nebraska to acquire easement rights for the XL pipeline through eminent domain proceedings. Transcanada had filed over one hundred proceedings in county courts along the proposed route in January, to obtain the permanent and temporary easements needed to complete the pipeline corridor.

Probably no appeal to the Nebraska Supreme Court has been watched more closely by more people than the challenge to the statutory routing process for the proposed TransCanada XL Pipeline.