OCA Blog
![](https://www.ownerscounsel.com/wp-content/uploads/2021/02/Unknown-2.jpeg)
February 5th, 2021 — In News & Events
Federal Government Drops Several Eminent Domain Claims in South Texas For the Border Wall
The U.S. Attorney’s Office has dropped its legal efforts to immediately take possession of at least three tracts of land in South Texas that had been earmarked for stretches of the border wall, citing President Joe Biden’s plan to pause construction projects. Ryan Patrick, U.S. Attorney for the Southern District of Texas, said in the court filings the executive order Biden signed on his first day in office on Jan. 20...
Read More![](https://www.ownerscounsel.com/wp-content/uploads/2021/02/Unknown.jpeg)
February 4th, 2021 — In News & Events
Couple Files Fifth Amendment Lawsuit in Boulder Colorado Over Mineral Moratorium
A couple who own mineral rights within the City of Boulder, Colorado are now suing the city over its oil and gas moratorium on the basis that it violates the Fifth Amendment’s rule against taking private property without just compensation. The couple, John and Valorie Wells, are being represented by the Public Trust Institute. The moratorium originates from an ordinance enacted in June 2013 that prohibits the city manager...
Read More![](https://www.ownerscounsel.com/wp-content/uploads/2021/02/Anthony-F.-Della-P-200x300.jpg)
February 3rd, 2021 — In OCA Blog
Anthony DellaPelle Assumes Leadership Role With Great Swamp Watershed Association
OCA’s New Jersey member and property rights attorney Anthony DellaPelle with the law firm of McKirdy Riskin Olson and Dellapelle out of Morris Township was recently elected as the new Board chairman of the Great Swamp Watershed Association. First formed in 1981 as a grassroots organization the Association has grown to serve over 2,200 members in some 40 municipalities within New Jersey. The principle mission of GSWA is to...
Read More![](https://www.ownerscounsel.com/wp-content/themes/ownerscounsel/v2/images/logo-circle.png)
January 2nd, 2021 — In News & Events
Register Now for the ALI-CLE Eminent Domain and Land Valuation Litigation Conference
Registration is now open for the biggest and best eminent domain and land valuation conference that has taken place annually for nearly 40 years. Given the pandemic it will be held virtually for the first time on January 28th and 29th. For more information about this event and to register click here.
Read More![](https://www.ownerscounsel.com/wp-content/themes/ownerscounsel/v2/images/logo-circle.png)
December 31st, 2020 — In News & Events
New Oregon Complaint Alleges Eviction Moratorium Extension Is a Taking
In a complaint filed last week in the U.S. District Court for the District of Oregon against Oregon’s governor (in her official capacity), the City of Portland, and Multnomah County, Plaintiffs assert that “several provisions of law, including state statutes, executive orders, and municipal ordinances” amount to a per se taking of Plaintiffs’ property. More specifically, Plaintiffs alledge that the combination of these measures significantly impairs Plaintiffs’ rental contracts, thereby requiring...
Read More![](https://www.ownerscounsel.com/wp-content/themes/ownerscounsel/v2/images/logo-circle.png)
December 18th, 2020 — In News & Events
Hawaii: State Takings Are “Self-Executing” Constitutional Violations (Not Torts Or Breaches Of Contract), Subject To A Six-Year Statute Of Limitations
In DW Aina Lea Dev., LLC v. State of Hawaii Land Use Comm’n, No. SCCQ-19-156 (Dec. 17, 2020), the unanimous Hawaii Supreme Court held that the statute of limitations governing a regulatory takings claim under the Hawaii Constitution’s “takings or damagings” clause is six years. The case started out in a Hawaii state court, and was removed to the U.S. District Court by the State Land Use Commission. The district...
Read More![](https://www.ownerscounsel.com/wp-content/themes/ownerscounsel/v2/images/logo-circle.png)
December 11th, 2020 — In News & Events
Virginia Supreme Court Rules No Taking in Oystermen Case
In an opinion just released by the Virginia Supreme Court involving OCA members Joshua Baker and Joe Waldo titled Johnson v. City of Suffolk, the court ruled that Virginia oystermen did not present a viable takings claim to obtain compensation when the City of Suffolk and its Sanitation District dumped raw sewage into the Nansemond river and declared a “condemnation zone” (i.e., no oyster harvesting). Specifically, the court concluded that the...
Read More![](https://www.ownerscounsel.com/wp-content/uploads/2020/12/Congratulations-2-300x215.jpg)
December 10th, 2020 — In News & Events
Dwight Merriam Chosen By Connect Real Estate News As One of Only 50 Lawyers for 2020 Award
In recognizing Dwight Merriam for its first annual New England Trailblazers publication last year, Connecticut Law Tribune called the four-decade legal veteran “a major figure in American planning law.” Based in Weatogue, CT, Merriam represents land owners, developers, governments, and individuals in land use matters. The Connecticut Law Tribune says Merriam is “one of just a handful of nationally-recognized true planner-lawyers, fully credentialed in both professions.” It was Merriam’s desire...
Read More![](https://www.ownerscounsel.com/wp-content/uploads/2020/11/unnamed-300x300.jpg)
November 21st, 2020 — In OCA Blog
Virginia Statute Allowing Electrical Easements to be Use for Broadband Challenged as Unconstitutional
After the Virginia General Assembly passed House Bill 831 authorizing utility companies to use existing “easements for the location and use of electric and communications facilities,” OCA’s Virginia member, Joshua Baker, filed suit, asserting that the law amounts to an unconstitutional taking of property rights without compensation and a denial of due process. Mr. Baker seeks a repeal of the legislation as part of the lawsuit. Mr. Baker explains that the property owners...
Read More![](https://www.ownerscounsel.com/wp-content/uploads/2020/10/Webinar-PLF-and-OCA-2-300x232.jpg)
October 30th, 2020 — In News & Events
Announcing OCA and PLF Joint Webinar on Shutdowns, Closures, Moratoria, and Bans
Since the beginning of the pandemic we have seen Governors and State Legislatures across the country implement an array of policies in an attempt to contain the virus and its socioeconomic impacts. Many of these policies effectively broadened the scope of government power while placing a heavy burden on property owners and businesses already struggling during the COVID 19 pandemic. Jim Burling from Pacific Legal Foundation and Robert Thomas...
Read More