About Brian T. Hodges

Brian T. Hodges is a Principal Attorney and the Managing Attorney of PLF’s Northwest center. He is a strong proponent of individual and property rights and actively litigates in the areas of regulatory takings, due process, land use, growth management, privacy, and administrative law.

Should legislative property demands be exempt from constitutional scrutiny?

The answer to that question seems rather obvious to property owners—if the government demands that you give up a portion of your property in exchange for a development permit, why should it matter what particular branch is making the demand? … Continue reading

PLF asks Louisiana Supreme Court to enforce constitutional limits on the exercise of eminent domain

The government’s authority to take private property without the owner’s consent is a terrible and awesome power. Aware of this, the nation’s founders placed two key restrictions on its exercise: that government shall not take property unless it is for a valid … Continue reading

Washington court rules that the right to use one’s property is not protected by the constitution

Earlier this week, the Washington State Court of Appeals issued its decision in Olympic Stewardship Foundation v. State of Washington Environmental and Land Use Hearings Office, in which PLF submitted an amicus brief.  The decision upholds a Jefferson County ordinance … Continue reading

New PLF petition highlights the national importance of the Murr case

The U.S. Supreme Court’s decision in the regulatory takings case, Murr v. Wisconsin, is expected to come down any day. At issue in that case is the so-called “relevant parcel” question, which requires courts to identify the extent of an owner’s … Continue reading

Oregon court rejects claim for public access to private lake

Late last week, Oregon’s court of appeals issued its long-awaited decision in the case, Kramer v. City of Lake Oswego—a case in which two public access activists shockingly claimed that the “public trust doctrine” should be extended to create easements … Continue reading

Supreme Court directs West Hollywood to respond to PLF’s legislative exactions challenge

Earlier this week, the U.S. Supreme Court ordered the City of West Hollywood to respond to PLF’s certiorari petition in the legislative exactions case, 616 Croft Ave, LLC v. City of West Hollywood. As you may recall, the 616 Croft … Continue reading

PLF asks U.S. Supreme Court to grant review of a Washington state “relevant parcel” case

PLF lawyers filed a petition asking the U.S. Supreme Court to grant and hold the Washington state regulatory takings case, Kinderace v. City of Sammamish, pending its anticipated decision in Murr v. Wisconsin. The Murr case, which was argued by … Continue reading

Business losses may be awarded as just compensation, just not in this case

Today, we received a mixed decision from the Louisiana Supreme Court in the amicus case, South LaFourche Levee District v. Jarreau. As you may recall, Jarreau asked the Louisiana Supreme Court to determine the measure of compensation due for the … Continue reading

PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine

On Friday, PLF attorneys filed a petition for a writ of certiorari with the U.S. Supreme Court in the case, 616 Croft Ave, LLC v. City of West Hollywood. The petition asks the Court to review a California Court of … Continue reading

PLF asks Louisiana Supreme Court to curtail eminent domain abuse

Eminent domain—the sovereign’s authority to take private property without the owner’s consent—is a terrible and awesome power, which is why the nation’s founders placed two key restrictions on its exercise: that government shall not take property unless it is for … Continue reading