Re-cap of argument in San Diego seawall appeal

Yesterday, I argued Lynch v. California Coastal Commission, in the California Court of Appeal in San Diego.  As I explained last week, the appeal centers on the Commission’s refusal to allow two families to rebuild a shared, private staircase down to … 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

Washington trial court fumbles the ball in a post-Koontz case

Since the U.S. Supreme Court decided Koontz v. St. Johns River Water Management District last year, I have been on a speaking tour with a prominent government attorney, discussing the case’s impact on Washington law. One important point on which … Continue reading

Reason Foundation report on PLF’s success challenging FWS’ failure to downlist and delist species

Brian Seasholes of Reason Foundation reports on the proposed downlisting of the tidewater goby. You may recall that the proposal is the result of successful petitions and litigation filed by PLF to challenge the Service’s general refusal to perform ESA-mandated … Continue reading

President’s weekly report — June 20, 2014

Property Rights — Koontz in Florida After our tremendous victory in Koontz v. St. John’s Water Management District, the United States Supreme Court sent the case back to the Florida courts.  The District is now attempting to reopen settled matters that … Continue reading

City responds to PLF’s CA Supreme Court amicus brief in City of Perris v. Stamper

Recently we received a response to our amicus brief, filed in City of Perris v. Stamper, a case pending before the California Supreme Court. The National Federal of Independent Business joined us on the brief, which argued that cities can’t avoid … Continue reading

Coastal Commission bill garners criticism

Last year the California Coastal Commission suffered a major legislative defeat when AB 976—which would have given the Commission broad authority to levy administrative penalties without having first to go to court to prove a violation—failed to pass.  We’ve also … Continue reading

Coastal Commission “penalties” bill resurrected in Assembly

Last September, we reported that the California Assembly had killed Toni Atkins’ AB 976, which would have given the California Coastal Commission the power to levy hefty fines on property owners for alleged violations of the Coastal Act—without having to go to court … Continue reading

Property rights under attack in California “Martins Beach” case

There’s a big legal battle brewing along the San Mateo County coast that PLF is closely monitoring. Two radical, anti-property-rights groups are trying to force owners to open up their private land to the public, so that the public has … 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