True North Law Files Amicus Brief In US Supreme Court On Behalf Of Property Owner
True North Law filed an amicus curiae (or “friend of the court”) brief in the United States Supreme Court urging the Court to review the case of a Hawaii property owner who was prohibited from developing its land by the State of Hawaii. True North filed its brief on behalf of four prestigious national property rights organizations and an esteemed property law scholar: Owners’ Counsel of America, the National Association of Reversionary Property Owners, NFIB Small Business Legal Center, Reason Foundation, and Law Professor Shelley Ross Saxer.
Big Win for Landowner in Case Where True North Law Filed Influential Amicus Brief
A panel of the U.S. Court of Appeals for the Federal Circuit in Caquelin v. United States recently ruled unanimously in favor of an Iowa landowner whose property was taken by the federal government under the Trails Act for a public recreational rail-trail. Lawyers for the federal government argued the government was not required to pay Ms....
Sarasota Landowners Ask Court to Enjoin Removal of “Encroachments”
In conjunction with the recently-filed lawsuit asking the U.S. District Court for the Middle District of Florida to stop Sarasota County from removing “encroachments” from the Legacy Trail right-of-way, Thor Hearne and True North Law filed a motion for preliminary injunction to bring this to the court’s immediate attention. The motion asks the...
True North Law Files Federal Lawsuit on behalf of landowners to stop Sarasota County from removing Legacy Trail “Encroachments”
Thor Hearne and True North Law have filed a lawsuit in the United States District Court for the Middle District of Florida to stop Sarasota County from removing what the county calls “encroachments” on the Legacy Trail corridor. The lawsuit asks the judge to enter a temporary restraining order and injunction against Sarasota County to stop the...
Bloomberg Law article on the Court of Appeals Decision
The owners of land adjacent to a former railroad line converted to a hiking trail under the rails-to-trails program will have another chance to pursue takings claims after the Federal Circuit said the government failed to prove that the landowners didn’t own the property beneath the rail line. A Florida-law doctrine known as the “centerline...
True North Wins Significant Victory for Landowners in the Federal Circuit
True North represents Miami, Florida landowners whose property the Federal government took under the federal Trails Act. The federal Trails Act imposes a new easement for public recreation and a future possible railroad across landowners’ property. The United States Supreme Court has ruled that when the federal government invokes the Trails...
Major Win in the US Court of Appeals for the 11th Circuit
In a unanimous panel opinion, the 11th Circuit Court of Appeals ruled in our favor that a property owner is qualified to testify at trial regarding the value of her property, including severance damages, when a natural gas pipeline company took her property by eminent domain. Even though it is a long-established rule of evidence that property...
Thor Hearne Interviewed by Sarasota ABC 7 News – Legacy Trail
Thor Hearne Interviewed by Sarasota ABC 7 News about Sarasota County’s Demand that Landowners Remove “Encroachments” from the Legacy Trail Right-of-Way. Thor Hearne was interviewed by a reporter for Sarasota ABC 7 News about Sarasota County’s recent demand letter sent to hundreds of landowners along the northern extension of the Legacy Trail. ...
Sarasota, Florida Legacy Trail Case : ALERT
True North Law is responding to notices sent by Sarasota County to hundreds of Sarasota landowners. Sarasota County’s notices demand that landowners remove all “encroachments,” which include swimming pools, sheds, septic and drainage fields, patios, and other structures, from the Legacy Trail right-of-way on their property prior to February...
Amicus Brief in Hardy v. United States Trails Act Taking Case
On November 6, 2019, True North Law filed an amicus brief in the U.S. Court of Appeals for the Federal Circuit on behalf of property rights organizations and a prominent legal scholar in support of Georgia landowners whose land was taken by the federal government for a public recreational rail-trail. The Cato Institute, Southeastern Legal...
@FederalTakings
Federal court in NY rules governor's pandemic executive order not a regulatory taking under either Penn Central or Lucas. Thanks to @invcondemnation for the analysis: https://www.inversecondemnation.com/inversecondemnation/2020/09/ny-fed-ct-when-faced-with-a-society-threatening-epidemic-state-officials-are-empowered-to-infringe-f.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+inversecondemnationcom+%28inversecondemnation%29
Looking forward to what looks like an outstanding CLE program tomorrow with @OwnersCounsel members @invcondemnation & @eminentdomainNJ: "Governmental Emergency Powers and the Constitutional Implications Arising from Pandemic Orders" https://shar.es/abAvR7 @ABAesq
Excellent interview of @SteveClarkeVA on the @J_Clint eminent domain podcast: "The Emotions of an Eminent Domain Case with Stephen Clarke" (aka Matt Damon) https://www.eminentdomainpodcast.com/podcast-episode-54-the-emotions-of-an-eminent-domain-case-with-stephen-clarke/
Great post by @invcondemnation: "There's no federal police power to regulate...health, safety, welfare, or morals, but as we know, federal power, although supposedly limited, is pretty wide-ranging. Just ask Farmer Filburn about his locally-grown wheat." https://shar.es/abZQht
