State Legislators Reconsidering Key Eminent Domain Issues in 2015
While the Keystone XL pipeline and other condemnation matters make national headlines, state lawmakers across the country are proposing legislation to protect property owners’ rights. In this article,...
View ArticleMore Answers to Property Owners’ Frequently Asked Questions about Eminent Domain
The concepts – and even terminology – involved in eminent domain law are complex and can be confusing. To help property owners understand the condemnation process, we have published answers to many...
View ArticleRecent New York Condemnation Case Highlights Key Issues for Owners Seeking to...
A recent decision from New York highlights many of the key arguments that eminent domain attorneys can raise on behalf of their landowner clients in cases involving eminent domain. Although the...
View ArticleLatest Developments Regarding Eminent Domain and the Keystone XL Pipeline
Since President Obama’s veto of a Senate bill authorizing construction of the Keystone XL pipeline in February, speculation regarding the ultimate fate of the pipeline project has continued to swirl....
View Article12th Annual Brigham-Kanner Property Rights Conference October 1 & 2, 2015
This evening Joseph William Singer, Bussey Professor of Law at Harvard Law School, will be presented with the 2015 Brigham-Kanner Property Rights Prize on the campus of William & Mary in...
View ArticleJust Compensation, Relocation Expenses and Attorneys’ Fees: Financial...
Property owners who have their land condemned by the government are entitled to just compensation. This is a fundamental right established by the Fifth Amendment to the U.S. Constitution and contained...
View ArticleHarvard Law Prof. Joseph Singer Recently Honored with 2015 Brigham-Kanner...
On October 1, the William & Mary Law School Property Rights Project honored Professor Joseph Singer with the 2015 Brigham-Kanner Property Rights Prize for his scholarship concerning property’s...
View ArticleOCA & NFIB Amici Brief: Cities Can’t Force Homebuilders To Provide More Than...
Last week, OCA and the National Federation of Independent Business (NFIB) Small Business Legal Center filed an amici curiae brief with the United States Supreme Court urging the protection of private...
View ArticleNon-Possessory Takings: North Carolina Supreme Court to Consider Inverse...
In a case that has garnered national attention, the North Carolina Supreme Court has agreed to review a court of appeals decision holding that a state statute effected a taking – and thereby implicated...
View ArticleThe Keystone XL Pipeline Isn’t the Only Pipeline Concerning Property Owners
We have talked a lot recently about the ongoing debate and eminent domain issues involving TransCanada’s proposed Keystone XL Pipeline across the western United States. But, this is by no means the...
View ArticleEasements and Restrictive Covenants: When the Government Takes Without Taking
When most people think about eminent domain and the condemnation of private property, they imagine the government acquiring a citizen’s private property and converting it to a public use. While this is...
View ArticleNew Jersey Beachfront Residents Represented by OCA Attorney Sue to Prevent...
In October, a group of New Jersey beachfront homeowners brought suit against the New Jersey Department of Environmental Protection (DEP) seeking to prevent the agency’s use of eminent domain....
View ArticleHow is Property Valued in a Condemnation Proceeding?
When a government agency, utility, energy company or other entity takes private property through eminent domain (known as “condemnation”), the landowner is entitled to the payment of just compensation....
View ArticleALI-CLE Eminent Domain and Land Valuation Litigation Course 2016
Eminent domain attorneys, appraisers, engineers and other professionals in the field of eminent domain, property rights and land valuation litigation will gather this January to discuss the hot topics,...
View ArticleFlorida Court Upholds Attorneys’ Fees Award for ‘Excessive Litigation’ in...
When the government takes a private citizen’s land through the exercise of eminent domain, it is obligated to pay the landowner “just compensation” for the property taken. This requirement is...
View ArticleU.S. Supreme Court Asked to Consider Constitutional Challenge to California...
As we previously discussed, Owners’ Counsel of America (OCA) and the National Federation of Independent Business Small Business Legal Center (NFIB) have asked the U.S. Supreme Court to review an...
View ArticleWhen Can Property Owners Challenge Eminent Domain?
While state and federal government agencies have the power of eminent domain – to take private property for public use – that power is not unlimited. Eminent domain power is limited by the Fifth and...
View ArticleCan Eminent Domain Be Used to Acquire Natural Gas and Water Rights?
In most eminent domain cases, property owners are fighting to protect their land from condemnation. Whether for a public park, road, hospital, or utility, the government most often uses its power of...
View ArticleThe Government’s Offer Isn’t Always “Just” Compensation
In order to exercise the power of eminent domain, government agencies are required – by the Fifth Amendment to the U.S. Constitution – to pay just compensation to the affected property owners. We...
View ArticleGeorgia Court Rules Property Owners Are Entitled to Compensation and...
As we have previously discussed, while the Fifth Amendment to the U.S. Constitution requires payment of just compensation when the government exercises its power of eminent domain, several states have...
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