Property Rights – Victory in San Francisco!
In Levin v. City and County of San Francisco, the federal district court struck down the Tenant Relocation Ordinance as an unconstitutional taking. The ordinance required property owners who wished to remove units from the rental market to pay massive sums to their tenants, ostensibly to cover the costs of relocation though nothing requires the tenants to use the money for that purpose. As Judge Charles Breyer’s ruling recognized, the government cannot force property owners to remain landlords against their will. The city immediate issued a statement bemoaning its defeat and the “dire” consequences of respecting property rights, and vowing to appeal. PLF looks forward to defending this victory in the Ninth Circuit.
Property Rights – Victory Against the Coastal Commission!
When the California Court of Appeal original ruled against Walter Emmick’s daughters, who inherited his property in San Luis Obispo County, PLF saw that the ruling misunderstood the facts of the case and requested a rehearing. The court agreed, saw the error of its original ruling, and yesterday issued a published decision in SDS Family Trust v. California Coastal Commission holding that the Coastal Commission’s attempt to exact a mile-long public-access easement from the family as a condition to their plans to make repairs on their home and rebuild their barn is an unconstitutional taking. Importantly, the court relies on and reaffirms the continued vitality of the principles established by PLF’s Supreme Court win in Nollan v. California Coastal Commission.
Property Rights – Challenging “Secret” Land-Use Restrictions Continue reading