President’s weekly report — November 7, 2014

Property Rights — Coastal Land Rights Victory We received a mixed, but largely favorable opinion from the federal trial court in Sansotta v. Town of Nag’s Head. This is the case where the town refused to allow beachfront homeowners to … Continue reading

Water as property and habitat under the Takings Clause

Can preventing take (of endangered species) cause a take (of private property)? That is the question I will be answering tomorrow morning, along with a distinguished panel, in our special session on Water Rights and Regulatory Takings at the 2014 Annual … Continue reading

President’s weekly report — October 24, 2014

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 … Continue reading

PLF files amicus brief in support of California raisin farmers

Under a draconian, Depression-era regulatory scheme, California raisin farmers are required to hand over a portion of their crop to the “Raisin Administrative Committee” (RAC), rather than selling it on the open market. The RAC is an unelected board overseen … Continue reading

A new approach to species protection

Laws can worsen the problem they aim to fix. For example, in colonial India, the British government placed a bounty on cobras to rid Delhi of a snake infestation. When entrepreneurs began to breed cobras to cash in on the … Continue reading

President’s weekly report — September 12, 2014

Environment — When is a wetland not federally controlled? We filed this complaint this week in Universal Welding v. United States Army Corps of Engineers.  The Corps is asserting jurisdiction over some of Universal’s low-value wetlands in North Pole, Alaska, just … Continue reading

Water, water everywhere – in California courts

California is suffering an historic drought: there is not enough water to go around.  The state’s courthouses may be the only places that have had their fill of water of this year, or at least had their fill of fights … Continue reading

Can constitutional rights be destroyed by desuetude?

Earlier this month, the Second Circuit rejected a Takings Clause challenge to a New York statute that, by increasing the state’s homestead exemption, destroyed a lien holder’s property interest. Rather than resolving what sort of property interest the lien was … Continue reading