Tag: eminent domain/condemnation

Posted on Jul 10, 2012 in News & Events

Last week the Owners’ Counsel of America filed an amicus curiae brief in support of the property owner in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted April 2, 2012) urging the United States Supreme Court to reverse a decision by a Federal Circuit Court which erroneously found that the federal government’s recurrent flooding did not constitute a compensable taking of private property simply because of its temporary nature.

Posted on Jun 27, 2012 in News & Events

Recently, Baylor Evnen, a law firm with offices in Lincoln and Syracuse, Nebraska launched a blog discussing eminent domain law in Nebraska. The goal of baylorevnencondemnation.com “is to provide information that every Nebraska landowner should know if faced with the prospect of having property taken through eminent domain.”

Posted on Jun 26, 2012 in News & Events

Last week, Senators John Cornyn of Texas and Rand Paul of Kentucky introduced legislation to strengthen private property rights by limiting the power of eminent domain. The Protection of Homes, Small Businesses and Private Property Act of 2012 seeks to prevent the federal government from using its eminent domain power and state and local governments from using federal funds to fund the use of eminent domain for economic development.

Posted on Jun 14, 2012 in News & Events

CNBC India recently examined the similarities and differences of eminent domain laws and procedures around the world on it’s legal program, The Firm. The program’s focus upon eminent domain stems from legislation introduced in Indian in 2011, the Land Acquisition Bill, which proposes to allow the government to acquire land on behalf of private companies for public purpose. The bill defines public purpose as the building of roads, highways, strategic defense and other accepted public purposes.

Posted on May 23, 2012 in News & Events

In 2011, the Eminent Domain Review was launched by Kevin E. Anderson of Anderson, Call & Wilkinson in Salt Lake City, Utah. Kevin is the Utah Member of the Owners’ Counsel of America and has been blogging about recent cases and issues related to eminent domain from the Utah state and federal courts.

Posted on May 11, 2012 in News & Events

Randall A. Smith, the Louisiana Member of Owners’ Counsel, recently secured a jury verdict of $9,566,640 as just compensation for the expropriation of property owned at 1732 Canal Street in downtown New Orleans. The verdict awards the property owner more than double the $4.5 million originally paid by the state of Louisiana when it took the property using the power of eminent domain in 2010.

Posted on May 3, 2012 in News & Events

On the eve of a hearing before the New York Supreme Court, Appellate Division, the City of New York has withdrawn its eminent domain suit and halted efforts to acquire private property in the “Iron Triangle” of Willets Point, Queens. The condemnation actions were scheduled for a hearing Monday at which time the property owners’ attorney, Michael Rikon, planned to contend that the City’s proposed takings for the $3 billion Willets Point redevelopment plan were neither for a public purpose nor conducted appropriately under requirements set forth in NY State’s Eminent Domain Procedure Law (EDPL), the New York State Constitution or the U.S. Constitution.

Posted on Apr 30, 2012 in News & Events

This morning the Supreme Court issued its order listing, among other things, the cases which the court has decided it will or will not grant certiorari. Of those to be denied review is the eminent domain case of River Center LLC v. Dormitory Authority of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012) in which the constitutional guarantee of “just compensation” is at issue.

Posted on Apr 18, 2012 in News & Events

Last week Willets Point United, a group of business and land owners dedicated to fighting eminent domain abuse in Willets Point, Queens, NY, and supporters of private property owners rallied in support of H.R. 1433, The Private Property Rights Protection Act of 2012. H.R. 1433 prohibits the use of federal funds for economic development projects that use the power of eminent domain to take private property for anything other than public use.

Posted on Mar 28, 2012 in News & Events

The state has filed its Brief in Opposition to the property owner’s Petition for Certiorari in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012). This case involves one of the largest condemnations of private property in the history of New York City – the taking of the unused development rights of an entire city block located in the neighborhood of the Lincoln Center for the Performing Arts.