PLF asks Louisiana Supreme Court to curtail eminent domain abuse

Eminent domain—the sovereign’s authority to take private property without the owner’s consent—is a terrible and awesome power, which is why the nation’s founders placed two key restrictions on its exercise: that government shall not take property unless it is for … Continue reading

Property rights & the Roberts Court

In an article published today by Engage, PLF attorneys Brian T. Hodges and Christopher M. Kieser consider the U.S. Supreme Court’s most recent property rights case, Horne v. United States Department of Agriculture, in the context of the Roberts Court’s … Continue reading

A winning hand for the Fifth Amendment

Last month, the Constitution won a hand in an Atlantic City Court. That’s a victory for all Americans. The New Jersey Casino Reinvestment Development Authority (CRDA), a state agency, sought to take the Atlantic City family home of Charlie Birnbaum. … Continue reading

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

Courts must protect the politically powerless from having their property rights abused

Pacific Legal Foundation has filed an amici brief in the Supreme Court of New Jersey on behalf of itself, the National Federation of Independent Business, Institute for Justice and Ilya Somin arguing that New Jersey courts must take seriously their obligation … Continue reading

Perhaps trusting the fox to guard the hen house wasn’t such a good idea

Last month, Alabama decided to once again allow the government to take land from one private property owner to give it to politically influential corporations and other private parties.  As readers know, these collusive schemes between powerful corporations and governments … Continue reading