PLF asks Supreme Court to hear massive beach land grab case

This week, Pacific Legal Foundation attorneys filed a Petition for Certiorari asking the United States Supreme Court to review the case of Nies v. Town of Emerald Isle, discussed more here.  The Petition presents the important question of “whether the Takings … Continue reading

PLF asks Indiana Supreme Court to protect coastal property rights

May the government allow strangers to recreate on your private, beach-front property for free? That’s the question the Indiana Supreme Court is being asked to consider in an important property-rights case. At issue is the common-law “Public Trust Doctrine,” according … Continue reading

Weekly litigation report — April 8, 2017

Competitors’ Veto Law Repealed! Another “relevant parcel” case headed for the Supreme Court Cap and trade upheld by California court of appeal Just compensation means compensation that is just, not cheap Oral argument in Missouri anti-discrimination case California courts don’t … Continue reading

State legislatures do not define what constitutes “just compensation”

The Fifth Amendment to the U.S. Constitution provides that private property shall not be taken “for public use, without just compensation.” The just compensation requirement safeguards private property rights by ensuring that the government cannot take property on a whim. … 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

Supreme Court schedules oral argument in Murr for March 20, 2017

Today, the United States Supreme Court issued its oral argument calendar for March, 2017. Pacific Legal Foundation (PLF) is pleased to note that the Court included PLF’s important property rights case, Murr v. State of Wisconsin, on that March calendar. The … Continue reading

Two PLF attorneys to speak at upcoming eminent domain conference

PLF attorney Dave Breemer and I will be speaking at the upcoming ALI-CLE course, Eminent Domain and Land Valuation in San Diego this upcoming January 26 to 28. In addition to Dave and me, Robert Thomas who helps PLF on … 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

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

The right to a jury trial against the federal government

Kevin Brott wants a jury trial for his Fifth Amendment claim to just compensation. The federal government converted a portion of Brott’s property into a public trail. He wants a jury to gauge compensation rather than a judge who works for his … Continue reading