Archive | Challenging condemnation

California Court of Appeals Holds Entry Statute Unconstitutional

In a recent case, Property Reserve, Inc. v Superior Court, 224 Cal.App.4th 828 (2014), the Third District California Court of Appeal ruled that entry statutes are unconstitutional when the activities for which the entry is sought constitute an intentional taking of property without the full protections afforded by a condemnation action. More specifically, the Court ruled that the pre-entry condemnation statutes, (found in Code of Civil Procedure sections 1245.010 et seq.) violate the takings provisions of article I, section 19 of the California Constitution. These entry statutes were enacted in 1976 and… read more

Posted in Challenging condemnation, Eminent Domain, Eminent Domain Abuse, Future of the law, Recent cases
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Kentucky Court Denies Use of Eminent Domain for Pipeline

This case was brought to our attention by Robert Thomas over at the inverse condemnation blog, an excellent source for information regarding eminent domain news.   The case, Kentuckians United to Restrain Eminent Domain, Inc. v. Bluegrass Pipeline Company, LLC (Civil Action No. 13-CI-1492) was recently decided by the Franklin Circuit Court for the Commonwealth of Kentucky. The court granted the plaintiff’s summary judgment motion, which the company will almost certainly appeal. Therefore, this is definitely a case to keep an eye on in the coming months.   The facts… read more

Posted in Challenging condemnation, Eminent Domain, Eminent Domain Abuse, Energy Companies, Recent cases
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Coy Koontz, Jr. Honored as Champion of Private Property Rights

The Owners’ Counsel of America, a nationwide network of leading eminent domain attorneys dedicated to representing property owners, honored Coy Koontz, Jr. with the Crystal Eagle Award last week for the resolve and commitment that he, and his late father, exhibited in fighting for the right of private property ownership. “My family and I have given up so much of our lives for this fight because we believe that owning your property ought to mean something– that the government can’t control you unreasonably,” said Coy Koontz, Jr. of the yet… read more

Posted in Challenging condemnation, Eminent Domain, Eminent Domain Abuse, Recent cases, Wetlands
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MO Court of Appeals Blocks Condemnation of Burger King

In a recent case, City of North Kansas City, Missouri v. K.C. Beaton Holding Company, WD76068 and WD76110 (Mo. Court of Appeals, Western District), the Missouri Court of Appeals denied an effort by North Kansas City to condemn a Burger King located at 1911 Armour Road. The City filed a petition to condemn the property on  March 12, 2012 as part of its efforts to redevelop a 57-acre area at the southeast corner of Armour Road and Interstate 29/35. The city argued that it had the power to condemn the property because it was… read more

Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain Abuse
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2014 Crystal Eagle Award

The Owners’ Counsel of America will present the 2014 Crystal Eagle to Coy Koontz, Jr., on January 25, 2014 at ALI-CLE conference in New Orleans, Louisiana. The Crystal Eagle award is given annually to an individual who has made a substantial contribution toward protecting the civil right of private property ownership. Coy Koontz was the lead plaintiff in Koontz v. St. John’s River Water Management District, an extraction case decided by the Supreme Court in June of this year. When the government commands the relinquishment of funds linked to a specifically identifiable property… read more

Posted in Challenging condemnation, Continuing Legal Education, Eminent Domain, Eminent Domain Abuse
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