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.

Concentrated power imperils liberty

Last week’s decision in PHH Corp. v. Consumer Financial Protection Bureau brought into fine focus the fact that one of the greatest threats to individual liberty is the unchecked growth of the administrative state. Because the enactment and enforcement of … Continue reading

PLF argues that business losses are recoverable in eminent domain cases

One of the most basic protections that the U.S. Constitution provides for property owners is the guarantee that the government cannot take private property without paying just compensation. That mandate is intended not only to ensure that owners are made … Continue reading

Washington’s “relevant parcel” analysis is pure shenanigans

Takings law is famous for its thorny inquiries. One of the prickliest is the so-called “relevant parcel” determination. In every regulatory takings case, the court must begin by identifying the nature of the property at issue—i.e., the “relevant parcel.” It … Continue reading

U.S. Supreme Court set to conference on shoreline exaction scheme

Almost a century ago, Justice Holmes famously warned that “We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional … Continue reading

Washington state exaction scheme before the U.S. Supreme Court

San Juan County’s scheme to force shoreline property owners into dedicating water treatment buffers is now pending on a certiorari petition with the U.S. Supreme Court in the case, Common Sense Alliance v. San Juan County. As you may recall, … Continue reading

PLF scores an important property rights win at the California Supreme Court

It’s no secret that California courts have been rather adventurous in finding ways around the rule that a permit condition must relate in both size and scope to development impact the condition is designed to mitigate. The nexus and proportionality … Continue reading

Supreme Court denies review of San Jose affordable housing case

This morning, the Supreme Court denied review in the legislative exactions case, California Building Industry Association v. City of San Jose (more about the case here). Although the decision ends the Association’s facial challenge to a city ordinance requiring new … Continue reading

Koontz’s decades-long battle for property rights comes to a just end

Back in 1994, Coy Koontz, Sr. sued a Florida land use agency for placing unconstitutional demands on his application to develop a couple acres of commercial property located at the intersection of two major highways. Today, over two decades later, … Continue reading

Affordable housing scheme before U.S. Supreme Court

San Jose’s costly affordable housing scheme is now pending on a certiorari petition with the U.S. Supreme Court in the case, California Building Industry Association v. City of San Jose. As you may recall, in order to address the ever … Continue reading