OCA Blog
June 9th, 2010 — In News & Events
SCOTUS eminent domain case concerning “undivided fee rule” scheduled for conference
The Respondent's brief in opposition and Petitioner's reply in support of the Petition for Writ of Certiorari in the Wisconsin eminent domain case, City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010), have been filed with the U.S. Supreme Court. The matter has been distributed and is calendared...
Read MoreMay 20th, 2010 — In News & Events
City’s attempt to “un-eminent domain” seized land fails in court
The city of Dublin, Ohio had planned to construct a $50 million interchange project at Interstate 33 and Post Road for which a certain amount of property was needed. Dublin went about exercising its power of eminent domain to acquire the necessary private property to build this public project. Although the property owner and City have not yet completed the valuation process to determine just compensation for the taking,...
Read MoreMay 19th, 2010 — In News & Events
Update: Virginia business fighting blight and eminent domain to keep its property
Central Radio Company has been fixing communication systems for the Navy for decades, but now Old Dominion University, through the Norfolk Redevelopment Housing Authority (NRHA), wants the property on 39th Street for retail shopping.On Thursday, a Bob Wilson, owner of Central Radio, will begin to fight in court to keep his business.
Read MoreMay 13th, 2010 — In News & Events
Virginia business battles blight and eminent domain to keep its property
Attorney Joe Waldo and the Central Radio Vice President Bob Wilson discuss on Fox & Friends how the neighboring university and housing authority have used a 12-year old study to determine that the property at which Central Radio, a defense contractor, currently operates its business is blighted and, therefore, should be redeveloped to spur economic development.
Read MoreMay 11th, 2010 — In News & Events
Where does SCOTUS nominee Elena Kagan stand on property rights?
Everyone is talking about President Obama's announcement that he has nominated Elena Kagan to replace retiring Justice John Paul Stevens on the U.S. Supreme Court. Likewise, everyone is talking about Ms. Kagan - her credentials, her experience, and her philosophies (or, at least the lack of knowledge of her personal views and philosophies).
Read MoreMay 6th, 2010 — In News & Events
Homeowners stand ground against eminent domain
Property is more than a piece of land for those who have worked their entire lives to make a comfortable home. What happens when the government says they need it?
Read MoreMay 1st, 2010 — In News & Events
Update: Amici brief filed in SCOTUS “undivided fee rule” eminent domain case
Yesterday, the National Association for Home Builders together with the Wisconsin Building Association filed a brief amici curiae in support of the VFW in the City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010).
Read MoreApril 23rd, 2010 — In News & Events
Goldstein – no longer the last man standing in the way of Atlantic Yards eminent domain
On Wednesday, April 21, one of the last remaining property owners opposing the proposed Atlantic Yards project in Brooklyn, Daniel Goldstein, reached a negotiated settlement with the Empire State Development Corporation (ESDC) and project's developer, Forest City Ratner, to leave his home.
Read MoreApril 14th, 2010 — In News & Events
“Most condemned property in America” in court today
Last month we posted "Virginia farm may be 'most condemned property in America'" about Edd Jennings and his family's 300 acres farm that has been condemned for easements and other public uses by state agencies and utility companies on 10 different occassions since the 1970s.
Read MoreApril 8th, 2010 — In News & Events
Cert petition filed for SCOTUS review of the “Undivided Fee Rule” in eminent domain
A new Petition for Writ of Certiorari has been filed with the United States Supreme Court requesting review of a Wisconsin eminent domain case, City of Milwaukee Post No. 2874 Veterans of Foreign Wars v. Redevelopment Agency, 768 N.W.2d 749 (Wis. 2009), in which the application of the "undivided fee rule" (also referred to as the "unit rule") resulted in the award of $0 as "just compensation." (SCOTUS Docket...
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