We became intrigued with this question after reading the Amici Curiae brief of Owner’s Counsel of America written by renowned legal scholar Robert H. Thomas in an appeal pending in the United States Court of Appeals for the 11th Circuit, Sabal Trial Transmission, LLC v 3.921 Acres of Land in Lake County, Florida. I am the New York State representative of Owner’s Counsel of America. The brief makes two main points. First, the Fifth Amendment requires that an owner recover the “full and perfect equivalent for the property taken.” And… read more
November 9, 2018