President’s weekly report — April 10, 2015

Wetlands — Major victory in the 8th Circuit The 8th Circuit handed us this major victory today in Hawkes v. United States.  The decision is a wonder to read because the court “got it.”  It understood that requiring a landowner to … Continue reading

PLF’s Tony Francois will discuss CBIA v. San Jose on KQED Forum tomorrow at 9:00 am

I will be joining KQED host Michael Krasny on his program tomorrow morning during the 9:00 AM hour, to discuss this morning’s oral arguments before the California Supreme Court in California Building Industry Association v. City of San Jose. UPDATE: … Continue reading

President’s weekly report — April 3, 2015

Big day for Liberty — Property rights in California The California Supreme Court will hear arguments this Wednesday, April 8, in California Building Industry Association v. San Jose.  This is the case where the City is demanding that builders of … Continue reading

Is Chief Justice Roberts anti-environment?

To honor Chief Justice Robert’s first decade on the Supreme Court — more like castigate him — the Constitutional Accountability Center has released a series of papers on the court’s jurisprudence. The most recent of which addresses the court’s environmental … Continue reading

President’s weekly report — March 27, 2015

Eminent domain — New Jersey Supreme Court abandons precedent In this 3-2 decision, the New Jersey Supreme Court upheld the use of eminent domain in 62-64 Main Street v. Mayor and City Council of the City of Hackensack.  The question here … Continue reading

PLF files amicus brief in Oregon “right of access” case

In Oregon—as in most states—a landowner whose property abuts a highway has a right to directly access that road. Thus, an abutting owner is entitled to just compensation when the state acquires the landowner’s right of access in an eminent … Continue reading

President’s weekly report — March 20, 2015

Environment & Endangered Species Act — 60-day notice filed for the Kangaroo Rat As required by the Endangered Species Act, we filed a sixty-day notice on intent to sue with the United States Fish & Wildlife Service over the Service’s failure … Continue reading

PLF Atlantic Center notches another win for property rights

This week, Florida’s Martin County Commission accepted settlement terms that leave our clients, Bob and Anita Breinig, no longer facing onerous fines and the imminent loss of their dream: their popular Flash Beach Grille restaurant in Hobe Sound. Instead, the Breinigs find themselves … Continue reading

President’s weekly report — March 5, 2015

Environment — Victory for common sense in permitting reviews The California Supreme Court issued this opinion in Berkeley Hillside Preservation v. City of Berkeley Hillside Preservation v. City of Berkeley, a case dealing with environmental reviews under the California Environmental … Continue reading

Stopping development for cheaper condemnation later is a taking

The Fifth Amendment requires the government to compensate a property owner when it takes property from a private landowner. To get around the requirement of paying “just compensation,” government entities often get creative. One trick is to depress property values … Continue reading