Reexamining the doctrine of unconstitutional conditions

Tomorrow, I will be speaking at the annual LSI Regulatory Takings conference about the doctrine of unconstitutional conditions.  This doctrine holds that the government cannot condition the provision of a discretionary benefit (e.g., a permit, license, grant, contract, etc.) upon … Continue reading

20 years of Pacific Northwest victories: the enduring impact of the HEAL decision

One way that PLF can assure that its property rights victories have a long-lasting impact is to “connect the dots” between past cases and current controversies.  A good example is the Washington Court of Appeals’ 1999 decision in Honesty In … Continue reading

What we won in Kitsap Alliance of Property Owners

Last month, the U.S. Supreme Court denied PLF’s petition for a writ of certiorari in the case, Kitsap Alliance of Property Owners v. Central Puget Sound Growth Management Hearings Board – a case that challenged Kitsap County’s adoption of regulations … Continue reading

U.S. Supreme Court to decide important property rights issues

Yesterday, the U.S. Supreme Court agreed to hear the temporary takings case, Arkansas Game & Fish Commission v. United States. Our friends at the Cato Institute wrote this article highlighting the importance of the case to private landowners. … Continue reading

U.S. Supreme Court to review important property rights case

This morning, the U.S. Supreme Court decided to take review of the important property rights case, Arkansas Game & Fish Commission v. United States.  This case asks whether government actions that result in intermittent physical invasion and occupation of another … Continue reading

U.S. Supreme Court declines review of PLF’s big buffer case

Earlier today, the U.S. Supreme Court denied PLF’s petition for a writ of certiorari in the case, Kitsap Alliance of Property Owners v. Central Puget Sound Growth Management Hearings Board.  The petition asked the Court to consider whether a Kitsap … Continue reading