News & Events

The Owners’ Counsel of America is greatly saddened by the death of our fellow Member and friend, Jay S.Dushoff. A nationally recognized condemnation and property rights attorney, Mr. Dushoff passed away on March 21, 2012 in Phoenix, AZ following a long battle with cancer.

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Farmer Todd Kuehm has battled the Township of Montville for almost a decade seeking to simply use the groundwater beneath his land for irrigation. Mr. Kuehm’s 28 acre farm is located on the Towaco Aquifer which supplies water to many area residents. Despite the property’s natural water resources, Montville has prohibited Mr. Kuehm, a fourth generation New Jersey farmer, from using the groundwater to irrigate his crops.

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Last week a jury in Boone County, Arkansas awarded two landowners $341,500 for private property condemned by the Ozark Mountain Regional Public Water Authority. The verdict represents an increase of more that five times the $67,000 offer made to the owners by the water authority for their 29.87 acres.

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Last week (February 28), the United States House of Representatives passed by the Private Property Rights Protection Act of 2012 (H.R. 1443), which is intended to prevent the misuse of eminent domain for economic development. The proposed bill is not a cure for eminent domain abuse.

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Two other amicus briefs have been filed in support of the petitioner in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012).

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Owners' Counsel of America recently filed an amicus brief (embedded below) in support of the property owners in River Center LLC v.Dormitory Auth. of the State of New York (11-922) urging the United States Supreme Court to grant review and correct the eminent domain decision by the Appellate Division of the New York Supreme Court.

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Owners' Counsel of America recently filed an amicus brief in support of the petitioner/property owners in River Center LLC v.Dormitory Auth. of the State of New York (11-922) urging the United States Supreme Court to grant review and correct the eminent domain decision by the Appellate Division of the New York Supreme Court.

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The Owners' Counsel of America recently honored one of the country’s top condemnation and property rights attorneys, Toby Prince Brigham, Esq., for his devotion to the constitutional right of private property ownership. For more than 50 years, Toby Brigham, has represented property owners in Florida and across the United States in eminent domain, inverse condemnation, regulatory taking challenges, condemnation blight, and related real estate, land use and business damage...

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We just returned from the 29th Annual American Law Institute-American Bar Association (ALI-ABA) Eminent Domain and Land Valuation Litigation course in San Diego. As the course description explains: "he power of eminent domain is being reshaped across the nation by court rulings and legislation.

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The Owners' Counsel of America recently honored one of the country's top condemnation and property rights attorneys, Toby Prince Brigham, Esq., for his devotion to the constitutional right of private property ownership. For more than 50 years, Toby Brigham, has represented property owners in Florida and across the United States in eminent domain, inverse condemnation, regulatory taking challenges, condemnation blight, and related real estate, land use and business damage...

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