Seawall and staircase decision draws local outcry

Over the weekend, San Diego journalist, Thomas K. Arnold, penned a stinging rebuke of the 2-1 court of appeal decision in Lynch v. California Coastal Commission, which threatens bluff-top homeowners’ property rights—including the right to protect their homes with seawalls. … Continue reading

Permit needed to keep trespassers off private property

Yesterday, a San Mateo Superior Court judge issued a stunning tentative ruling in one of the two Martins Beach lawsuits pending against coastal landowner Vinod Khosla. The judge concluded that the decision to disallow the public to trespass onto private property–after allowing the public to do so for a … Continue reading

Sacramento Bee publishes PLF Op-Ed on Martins Beach

On Sunday, the Sacramento Bee published my opinion editorial on the Martins Beach controversy, including legislative efforts to cow one landowner into giving up his property rights. PLF attorneys are following the dispute closely, and they will support the property … Continue reading

President’s weekly report — September 5, 2014

Water rights and the public trust doctrine going underground We filed this amicus letter brief in Environmental Law Foundation v. State Water Resources Control Board asking the California Supreme Court to review a disturbing opinion from the Court of Appeal. Historically, the … Continue reading

Can constitutional rights be destroyed by desuetude?

Earlier this month, the Second Circuit rejected a Takings Clause challenge to a New York statute that, by increasing the state’s homestead exemption, destroyed a lien holder’s property interest. Rather than resolving what sort of property interest the lien was … Continue reading

PLF defends property owners’ rights from bureaucratic abuse

In 2010, the Alameda County Grand Jury sharply condemned Oakland’s Building Services Division — which enforces building code violations — concluding that it had created an “atmosphere of hostility and intimidation towards property owners.” In the four years since, little … Continue reading

Dispelling five myths about the Martins Beach controversy

One of California’s most controversial land-use disputes  is over Martins Beach, in Half Moon Bay. The fight is over public access to the popular beach–and whether one man’s private property rights can survive a fierce backlash from well-funded and powerful interests … Continue reading

PLF attorney to present at Montana property rights conference

The Montana Property Rights Conference will take place next week, on August 14 and August 15, at the Northern Hotel in Billings, Montana.  As a keynote speaker, I will open the conference at 1:00 p.m. with a discussion of environmental … Continue reading

PLF asks California high court to hear flooding inverse condemnation case

We previously reported on the case of Biron v. City of Redding, in which an apartment building owner is seeking compensation under inverse condemnation for damage that the city’s storm drain system did during a rain storm.  The issue in … Continue reading