Is there any limit to the Takings Clause’s Public Use requirement?

Last week, the Utah Supreme Court revived a challenge to the Utah Department of Transportation’s abuse of eminent domain. The Department needed a small part (1.2 acres) of a larger parcel (15 acres) for a light rail project. Instead of … Continue reading

Richmond’s plan to take underwater mortgages not going forward

Last year, Tony reported on a legal challenge to Richmond, CA’s plan to use its eminent domain power to bailout residents who bought houses they no longer can or want to pay for. The city planned to finance this scheme … Continue reading

PLF Urges Washington State to Recognize the Viability of Temporary Takings Claims

Earlier this week, PLF attorneys filed an amicus brief urging the Washington Supreme Court to review the takings case, 10 North Washington Ave., LLC v. City of Richland. In 2008, 10 North Washington Ave., LLC (NWA) purchased vacant land from … Continue reading

US Senator Vitter features PLF’s Duarte case on Environment and Public Works Committee blog

Today United States Senator Vitter (R-La), Ranking Member of the Senate Environment and Public Works Committee, featured PLF’s case on behalf of John Duarte and Duarte Nursery against the Corps of Engineers on one of the Committee’s blogs.  Senator Vitter … Continue reading

Private property versus public recreation: the debate continues

Earlier this month, I published a guest column about the recent U.S. Supreme Court decision Marvin M. Brandt Revocable Trust v. United States with Jurist, an online journal run by the University of Pittsburgh School of Law. The article takes … Continue reading

Has the Endangered Species Act become immune to amendment?

An animal rights group has filed a lawsuit arguing that the Endangered Species Act — which is itself constitutionally suspect — limits Congress’ powers, i.e. Congress cannot legislate on endangered species issues unless that legislation would be consistent with the ESA. … Continue reading

Judge refuses to toss PLF suit against wetlands enforcers due process violations

Today, the United States District Court for the Eastern District of California, denied the federal government’s motion to dismiss PLF’s due process challenge against the Army Corps of Engineers, brought on behalf of Duarte Nursery and its president, John Duarte. The … Continue reading

Will one of the Supreme Court’s worst decisions finally be overruled?

In 1944, the Supreme Court — in one of its most widely-condemned decisions — shamefully upheld the constitutionality of the internment of Japanese-Americans across the West Coast. It did so paying lip service to the Constitution’s deep distrust of government … Continue reading

What does it mean to have a “right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment”?

The Pennsylvania Supreme Court recently had to address that question to determine whether the state’s law encouraging oil and gas drilling violated the state constitution’s “Environmental Rights Amendment.” That amendment declares: The people have a right to clean air, pure … Continue reading

Of Jerry Brown and Santa Claus

It appears to be PLF week at the San Diego Union Tribune.  Today the paper published this OpEd by PLF attorneys Harold Johnson and yours truly.  The piece discusses PLF’s pending challenge to San Jose’s affordable housing exactions in the … Continue reading