OCA Blog

In some inverse condemnation cases (in which the government takes private property without properly exercising its power of eminent domain), the taking involves some sort of constructive use, such as the building of a road, sidewalk, utility infrastructure or park. These uses are most often intended to be permanent – and whether the taking involves a transfer of ownership or establishment of an easement or right-of-way, the private landowner...

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“Nobody’s gonna remember how long it took. They’re only gonna look and see that it was done.” – New York Mayor Michael Bloomberg, on the use of eminent domain to build the Barclays Center sports arena and mixed-use development in Brooklyn While attending an eminent domain CLE In 2011, we previewed a “rough cut” of a documentary film chronicling the story of Brooklyn property owner, Daniel Goldstein, and his neighbors as they...

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As a United States citizen, the U.S. Constitution, federal laws and the Constitution and laws of your state protect you against government intrusion upon your private property.  While the Fifth Amendment to the U.S. Constitution establishes that government authorities may use the power of eminent domain to take private property, the Fifth Amendment limits the power of eminent domain by requiring that the taking of private property be for a public purpose and...

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The William & Mary Property Rights Project recently announced that Peruvian economist Hernando de Soto, president of the Institute for Liberty and Democracy (ILD), will receive the 2016 Brigham-Kanner Property Rights Prize at the 13th annual Brigham-Kanner Property Rights conference October 2016.  The Property Rights Project also announced its cooperation with the Grotius Centre for International Legal Studies of Leiden Law School and plans to host this years event in The Hague.  

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                      When a government agency or other entity with the power of eminent domain acquires or condemns private property, the private owner is entitled to “just compensation” for the value of the property taken. This compensation – or at least the majority of it – is essentially paid as the purchase price for the condemned property. Eminent domain involves...

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The Owners’ Counsel of America is pleased to announce that Manhattan eminent domain lawyer Michael Rikon, the New York representative to OCA, recently received a CRE® designation from the Counselors of Real Estate®. Mr. Rikon, a partner at Manhattan-based Goldstein, Rikon, Rikon & Houghton, P.C, has practiced law in New York since his admission to the Bar in 1969.  Of the more than 1,100 CREs worldwide, Mike is one of the...

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Owners’ Counsel of America member-attorneys are dedicated to assisting private property owners defend their property rights when those rights are threatened by government intrusion or overreach. We realize that many of terms we discuss here and the concepts involved in eminent domain law are complex and can be confusing.  To shed some light on this “dark corner of the law” we have answered some of the frequently asked questions landowners may have relating to eminent domain and...

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OCA is pleased to announce that Alabama real estate and condemnation lawyer, Casey Pipes, was recently selected for membership in the association. Mr. Pipes will succeed his partner, Warren C. Herlong, Jr., as the Alabama member of OCA.Warren, a charter member of OCA and former Director on OCA’s Board of Directors from 2013 to 2016, has been named as an Emeritus Member of the association.

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Recently, state and federal lawmakers from across the country have introduced a number of legislative changes in the areas of private property rights and eminent domain. In this article, we highlight some of the latest (potential) legislative developments.

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If you received a condemnation notice or a notice that your property may be needed for a public project, it means that a federal, state or local government authority is seeking to acquire your property (or an interest in your property) using the power of eminent domain. Eminent domain is the power granted to the government and governmental agencies to seize private property for public use. This power is not absolute...

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