Should legislative property demands be exempt from constitutional scrutiny?

The answer to that question seems rather obvious to property owners—if the government demands that you give up a portion of your property in exchange for a development permit, why should it matter what particular branch is making the demand? … Continue reading

PLF asks Louisiana Supreme Court to enforce constitutional limits on the exercise of eminent domain

The government’s authority to take private property without the owner’s consent is a terrible and awesome power. Aware of this, the nation’s founders placed two key restrictions on its exercise: that government shall not take property unless it is for a valid … Continue reading

Washington court rules that the right to use one’s property is not protected by the constitution

Earlier this week, the Washington State Court of Appeals issued its decision in Olympic Stewardship Foundation v. State of Washington Environmental and Land Use Hearings Office, in which PLF submitted an amicus brief.  The decision upholds a Jefferson County ordinance … Continue reading

New PLF petition highlights the national importance of the Murr case

The U.S. Supreme Court’s decision in the regulatory takings case, Murr v. Wisconsin, is expected to come down any day. At issue in that case is the so-called “relevant parcel” question, which requires courts to identify the extent of an owner’s … Continue reading

PLF petitions for rehearing in Utah prairie dog case

This morning, we filed a petition for rehearing en banc in People for the Ethical Treatment of Property Owners v. U.S. Fish & Wildlife Service—our challenge to the federal government’s constitutional authority to regulate take of the Utah prairie dog. Three … Continue reading

Supreme Court calls for the Solicitor General’s views on Rinehart v. California

This morning, the Supreme Court asked the United States’ Solicitor General to weigh in on Rinehart v. California, PLF’s challenge to California’s suction dredge mining ban. The case raises significant questions about federalism, preemption, and state regulation of federal lands. … Continue reading

Federalism depends on courts stopping states from regulating beyond their borders

Today, PLF filed an amicus brief in the Second Circuit supporting a television manufacturer’s challenge to a Connecticut law that shifts the cost of a local recycling program onto consumers in other states. The law is plainly unconstitutional under the Dormant … Continue reading

Oregon court rejects claim for public access to private lake

Late last week, Oregon’s court of appeals issued its long-awaited decision in the case, Kramer v. City of Lake Oswego—a case in which two public access activists shockingly claimed that the “public trust doctrine” should be extended to create easements … Continue reading

Supreme Court directs West Hollywood to respond to PLF’s legislative exactions challenge

Earlier this week, the U.S. Supreme Court ordered the City of West Hollywood to respond to PLF’s certiorari petition in the legislative exactions case, 616 Croft Ave, LLC v. City of West Hollywood. As you may recall, the 616 Croft … Continue reading

President Trump orders review of 21 years of Antiquities Act abuse

This morning, President Trump issued an executive order requiring the Department of Interior to review 21 years of national monument designations. That review is long overdue. For decades, Presidents have treated the Antiquities Act as a blank check to shut … Continue reading