Tag: Kelo

Posted on Aug 14, 2015 in Articles

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 response to the ruling. With June 2015 marking the 10-year anniversary of Kelo v. City of New London, let’s take a look back at how we got to where we are today.

Posted on Jul 23, 2015 in News & Events

Today, Owners’ Counsel of America and The Counselors of Real Estate® (CRE) will present our first cooperative webinar: Kelo v. New London: The Grasping Hand and Its Legacy at 12:30 PM (Eastern) / 11:30 AM (Central) / 10:30 AM (Mountain) / 9:30 AM (Pacific) / 6:30 AM (Hawaiian). Participants can register here.

Posted on Feb 22, 2013 in News & Events

Last week, the North Carolina House of Representatives passed, by a vote of 110-8, House Bill 8, which seeks to limit the government’s power of eminent domain. HB 8 also passed a first reading in the NC Senate and has been referred to committee.

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 Jul 18, 2011 in News & Events

On July 14, 2011, our colleagues* at Damon Key Leong Kupchak Hastert in Honolulu, Hawaii filed a cert petition (see below) asking the U.S. Supreme Court to review the Hawaii Supreme Court’s decision in County of Hawaii v. C&J Coupe Family Ltd. P’ship, 242 P.3d 1136 (Haw. 2010)

Posted on Dec 9, 2010 in News & Events

SCOTUSblog has included the Columbia University eminent domain case Tuck-It-Away, Inc. v. New York State Urban Development Corporation, dba Empire State Development Corporation, Docket 10-402 in this week’s edition of “Petitions to Watch.” The petition for certiorari filed by these Harlem property owners will be included among the many the Court will consider when the Justices conference tomorrow, December 10.

Posted on Oct 20, 2010 in News & Events

OCA Member, Robert Thomas (Hawaii) will be speaking about what the Court in Kelo really decided, and how courts in the intervening five years have viewed the decision. On the panel with Mr. Thomas will be Andrew W. Schwartz, from San Francisco’s Shute, Mihaly & Weinberger. The session will be moderated by John Clapp, Ph.D. of the UConn Center for Real Estate, and Michele Maresca, a land use attorney at Robinson & Cole in Hartford.

Posted on Jul 25, 2010 in News & Events

According to the 2010 Index of Economic Freedom published by The Heritage Foundation and The Wall Street Journal, 16 countries rank higher than the United States in protecting private property rights. From the report: “The United States’ economic freedom score is 78.0, making its economy the 8th freest in the 2010 Index. Its score is 2.7 points lower than last year, reflecting notable decreases in financial freedom, monetary freedom, and property rights.”

Posted on Jun 23, 2010 in News & Events

This morning, we received the following press release and link to the video featured above from the Institute for Justice reminding us that today marks the fifth anniversary of the infamous Supreme Court ruling in Kelo v. New London.

Posted on Dec 17, 2009 in News & Events

Last month, Roanoke Judge William D. Broadhurst granted Roanoke Redevelopment and Housing Authority’s (RRHA) petition to take private property owned by Jay and Stephanie Burkholder (B&B Holdings, LLC) using the Authority’s power of eminent domain. Judge Broadhurst indicated in his November 12, 2009 correspondence to counsel that although evidence had been presented by B&B’s attorneys which “clearly suggests to the Court that the City was responding to pressure from Carilion in trying to direct the conclusions that RRHA would reach” with respect to the blight study, RRHA had been sufficiently insulated and had independently found “blight” in the neighborhood, and therefore the B&B property could be taken.