Public Law,
Land Use and Eminent Domain (Expropriation)
In Public Law, our attorneys have effectively represented
a broad variety of businesses, individuals and public
bodies in matters ranging across a wide spectrum, from
tax assessments, to contractual matters, to issues
of state and federal constitutional law, to the preparation
and presentation of important law reform legislation.
We regularly represent private clients in their dealings
with municipal and parish governments and with the
State of Louisiana. Our knowledge, and experience with
the structure and powers, of local and state governments
in Louisiana equip our attorneys to provide valuable
counsel and representation in this area.
In Land Use and Eminent Domain, we have extensive
experience with zoning, licensing and permitting issues
and our clients have included governmental bodies,
neighborhood associations and developers. Our attorneys
have written and lectured in the area of land use law.
We have represented both local governments and landowners
in eminent domain matters, or expropriation, as it
is called in Louisiana. We have also represented two
major telecommunications companies in the acquisition
of rights-of-ways for the installation of fiber optic
telecommunications systems in Louisiana as part of
each company’s nationwide system. We have also
lectured in the area of eminent domain law.
Our attorneys
have:
- negotiated and drafted of franchise agreements
and renewals with cable and/or telecommunications providers,
- drafted
ordinances and other documents related to establishing
a suitable legal framework for access to public property
for facilities of telecommunications providers.
- worked
with a broad cross section of the local community and
industry to evaluate public input on telecommunications
policy issues,
- represented a major telecommunications
company in all public hearings, meetings and negotiations
in connection with the City Council's adoption in 1996
of the Wireline Telecommunication Franchise Act, Ord.
No. 17,560, Section 30-43 et seq. of the City Code.
- negotiated the very first authorization for
the use of the streets and other public places of the
City of New Orleans by a telecommunications provider
other than the AT&T monopoly (Ordinance No. 10,492
M.C.S.), and other "permit and privilege" ordinances
granting the use of specific streets and other rights-of-way.
Ordinance No. 11,803 M.C.S., adopted December 30, 1986
(amending Ordinance No. 10,492 M.C.S.); Ordinance No.
13,329 M.C.S., adopted August 21, 1989; and Ordinance
No. 13,688 M.C.S., adopted January 18, 1990.
- assisted
public agencies with monitoring and compliance issues
regarding electrical, water, and sewerage franchises,
and
- assisted a public agency with the adoption
of an ordinance imposing a franchise fee on gross sales
derived from the unincorporated areas by utility companies
operating under certain circumstances and successfully
defended the validity of the fee from challenges by
several utility companies.
Two of our attorneys have
extensive experience as Deputy City Attorneys for the
City of New Orleans, during which they gained extensive
familiarity with important public law issues. In that
capacity, and in subsequent private practice, our attorneys
have
- presented the successful argument on behalf
of the City before the state Supreme Court in defense
of the validity of the real property service charge.
ACORN v. City of New Orleans, 377 So.2d 1206 (La. 1979),
in which the Supreme Court recognized, for the first
time, that the City has "full and complete power
to impose all kinds and classes of taxes, provided
only that they are not expressly prohibited by the
constitution." Id. at 1212.
- presented the
oral argument in the successful defense of the City's
road use tax. ACORN v. City of New Orleans, 407 So.2d
1225 (La. 1981).
- successfully defended the City's
system of ad valorem taxation against a claim by owners
of commercial property that the system violated the
equal protection guarantee of the constitution. Westminster
Management Corp. v. Mitchell, 525 So.2d 1171 (La. App.
4th Cir. 1988).
- successfully defended the City's
bank share tax from a bank's claim that the tax was
unconstitutional. First National Bank of Commerce v.
City of New Orleans, 555 So.2d 1345 (La. 1990).
- successfully
defended the Louisiana Board of Regents of Higher Education
from an effort by a subsidiary board to usurp some
of the power of the Board of Regents. Board of Regents
v. Board of Trustees For State Colleges and Universities,
491 So.2d 399 (La. App. 1st Cir. 1986).
One of our attorneys has played a central role in
the profound revision, since 1988, of the civil justice
system in Louisiana, drafting and marking up legislation,
preparing background research, giving committee testimony,
and lobbying. Successful efforts with which he has
been involved, whether as part of a national coalition
or on behalf of local interests, have produced:
- the
Louisiana Products Liability Act, La. R.S. 9:2800.51
et seq, La. Acts 1988, No. 64
- strict liability,
punitive damages, and comparative fault reform, La.
Acts 1996, 1st Ex. Sess., Nos. 1-3
- class action
reform, La. Acts 1997, No. 839
- forum non conveniens
reform, La. Acts 1999, No. 536
- summary judgment
reform, La. Acts 1997, No. 483
- medical-monitoring
damages reform, La. Acts 1999, No. 989
Our knowledge of and experience with the structure
and powers of local and state governments in Louisiana
equip our attorneys to provide valuable counsel and
representation in this area.
To consult in these areas,
you may contact us by e-mail at:
kmilner@hamiltonfirm.net
gbrown@hamiltonfirm.net
chamilton@hamiltonfirm.net |
