General Articles
August 14th, 2015 — In Articles
It’s Been 10 Years Since Kelo v. City of New London. Where are We Now?
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...
Read More June 25th, 2015 — In Articles
Property Owners’ Frequently Asked Questions About Eminent Domain
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?
Read More “It Ain’t Over ‘Til It’s Over:” Nebraska Supreme Court Rules (or Maybe Not) on the Validity of the TransCanada XL Pipeline Route Approval Through Nebraska
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.
Read More The Saga of the Keystone Pipelines in Nebraska: Unconstitutional Regulation, and Lessons on How to Acquire Property and How Not to Acquire Property
Members of Owner’s Counsel of America, who regularly represent property owners in condemnation situations, tend to be naturally very protective of private property rights. We enjoy events that shed light on this dark corner of the law, especially when they help to shape public opinion in favor of property rights.
Read More January 23rd, 2012 — By Mark M. Murakami — In Articles
Motion for Leave to File Brief Amicus Curiae and Brief Amicus Curiae of Owners Counsel of America in Support of the Petitioner, River Center LLC v. Dormitory Authority of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012), Robert H. Thomas (Hawaii), Counsel of Record.
This case involved one of the largest condemnations of private property in the history of New York City. At issue were important questions concerning the Just Compensation Clause of the Fifth Amendment.
Read More July 17th, 2011 — By New York Lawyer — In Articles
“Moving the Cat into the Hat: The Pursuit of Fairness in Condemnation, or, Whatever Happened to Creating a Partnership of Planning?” by Michael Rikon (New York)
In this 2011 article, Mr. Rikon criticizes Article 2 of New York's Eminent Domain Procedure Law (EDPL), the procedure used to approve and challenge condemnation.
Read More June 17th, 2011 — By Hertha L. Lund — In Articles
“Kelo in the Country…HB198 and the taking of rural property” by Hertha Lund (Montana)
This article argues against Montana House Bill 198 that seeks to grant the power of eminent domain to a Canadian power company in order for that company to acquire private property throughout Montana for the purposes of constructing a private (for profit) "merchant" transmission line.
Read More July 1st, 2009 — In Articles
“Fair Market Value in a Down Market” by Alan T. Ackerman (Michigan)
This excerpt from the American Bar Association's 2009 annual review questions the ability to establish fair market value during a down real estate market. Mutual motivation and market timing are two key factors examined.
Read More July 1st, 2006 — In Articles
“Compensation for Loss of Visibility to and View from the Owner’s Property” by James L. Thompson (Maryland)
The general law covering this issue (related to inverse condemnation) varies from state to state. The authors cite numerous case examples in this 2006 article, including their current litigation, and organize the disparities into three categories: legal principles, collateral factors and practice tips.
Read More July 1st, 2005 — By Mark M. Murakami — In Articles
“Recent Developments in Public Use and Pretext in Eminent Domain” by Robert H. Thomas (Hawaii)
The courts response to the increasing number of landowners challenging government condemnation is examined in this 2005 article. The issue of pretext is illustrated by litigation in Hawaii involving a private property owner's claim that the county had delegated its power of eminent domain to a developer.
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