Yearly Archives: 2016

Join Owners’ Counsel of America attorneys at the 34th annual American Law Institute Eminent Domain and Land Valuation Litigation course in San Diego, California. This live CLE program will take place Thursday – Saturday, January 26-28, 2017 at the Westin San Diego, in downtown San Diego, California.  

The Owners’ Counsel of America (OCA) has joined together with other property rights advocates to file an amici curiae brief with the United States Supreme Court in an inverse condemnation case concerning the rails-to-trails conversion of an elevated rail line in New York to a public parkway.  

During a ceremony at The Peace Palace in The Hague on October 21, the 2016 the 2016 Brigham-Kanner Property Rights Prize was awarded to Peruvian economist Hernando de Soto, President of the Institute of Liberty and Democracy. An advocate for the formal recognition of private property ownership as a solution to global poverty, de Soto has been recognized internationally for his work. The Prize was awarded following the conclusion of the 13th Annual Brigham-Kanner International Property Rights Conference in which a number of OCA attorneys participated.

Recently, the Owners’ Counsel of America filed an amicus brief in a property rights case currently pending in the North Carolina Supreme Court. The case, Nies v. Town of Emerald Isle, No. COA15-169 (N.C. App. Nov. 17, 2015), concerns the ownership and right to use the “dry sand” beach.  OCA joined with Hawaii Law Professor David Callies as amici on the brief.

On August 22, the Supreme Court of Hawaii accepted the Application for Writ of Certiorari filed July 10, 2016 by the landowner in County of Kauai v. Hanalei River Holdings, Ltd., No. SCWC-14-0000828.  The Owners’ Counsel of America (OCA) joined with the National Federation of Independent Business (NFIB) Small Business Legal Center to file an amici curiae brief in the case urging the Court to review and overturn the appellate court’s decision.  

The practice of eminent domain is becoming more and more dependent upon occurrences on the national level.  Now more than ever, eminent domain lawyers must be knowledgeable about activity outside their own jurisdictions. Join OCA attorneys from around the country in Las Vegas this September 29 and 30 for a two-day program presented by CLE International focused on helping attorneys to stay informed about the most important developments in eminent domain litigation all across the country.

Since the infamous 2005 Supreme Court Kelo decision, many have watched as state and federal legislators across the country consider a variety of laws relating to eminent domain and property rights. Some of these laws have specific purposes – such as the APPROVAL Act that Arkansas’s congressional delegation proposed in 2015 – while others are intended to more broadly restrict or expand the government’s power to condemn private land. Two recently-proposed bills on opposite sides of the country fall into this latter category, albeit with diametrically opposite aims.

In an important victory for property owners, the North Carolina Supreme Court recently held that key provisions of the state’s Map Act are unconstitutional. As a result of the Court’s ruling June 10, 2016, affected property owners will be entitled to just compensation for the state’s regulatory taking of their properties. Additionally, landowners throughout the state may seek just compensation in the event that the North Carolina Department of Transportation (NCDOT) prevents them from improving their land in order to reserve property for future roadway development projects.

Below are general definitions of key terms that are often used in eminent domain and other taking cases. Please note that the precise definition of any of the following terms may differ depending upon the state or jurisdiction applicable to the relevant matter. Additional Information on Eminent domain Our website is full of resources for individuals and businesses threatened with the loss of their private property rights. For more information on the law of eminent domain and inverse condemnation, you can read: Calculating Just Compensation Eminent Domain vs. Inverse Condemnation: What’s the Difference? Property Owners’ Frequently Asked Questions about Eminent Domain Understanding Your Rights in Inverse Condemnation and Regulatory Takings Cases When Can Property Owners Challenge Eminent Domain? Can I Afford to Hire an Eminent Domain Attorney? Understanding Your Rights as a Property Owner Speak With an Eminent Domain Lawyer at Owners’ Counsel of America Owners’ Counsel of America (OCA) is a network of leading eminent domain lawyers throughout the United States. If the government is attempting to take your property, we encourage you to contact an OCA lawyer in your state for a free consultation. Locate your OCA lawyer online or call us at (877) 367-6963 to connect with an eminent domain lawyer today.

Along our country’s shores, a historical legal principle known as the “public trust doctrine” allows members of the public to access the beach beyond either the mean high or low water mark, even where this section of the beach (as well as the land above the water mark) is private property. This is the law in most states; and, until recently, it was clear that the public trust doctrine did not – and was not intended to –provide local governments the authority to interfere with landowners’ rights in the “dry sand” areas of their private property.