Water as property and habitat under the Takings Clause

Can preventing take (of endangered species) cause a take (of private property)? That is the question I will be answering tomorrow morning, along with a distinguished panel, in our special session on Water Rights and Regulatory Takings at the 2014 Annual … 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

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

Los Angeles responds to our General Plan 2035 letter

The Los Angeles County Regional Planning Commission is currently in the process of adopting General Plan 2035. Like Obamacare, General Plan 2035 checks in at a whopping 900 pages. It seeks to reshape the county through mandates including: expanded transit … Continue reading

US Senator Vitter features PLF’s Duarte case on Environment and Public Works Committee blog

Today United States Senator Vitter (R-La), Ranking Member of the Senate Environment and Public Works Committee, featured PLF’s case on behalf of John Duarte and Duarte Nursery against the Corps of Engineers on one of the Committee’s blogs.  Senator Vitter … Continue reading

Déjà vu: another court disregards precedent and property rights

More than 10 years ago, PLF won an important property rights victory in the U.S. Supreme Court — Palazzolo v. Rhode Island. That case held that government cannot “put an expiration date on the Takings Clause” by forbidding any property … Continue reading

2014: the year of the water wars?

California, and much of the west, is experiencing its third consecutive year of drought. And a recent report on the Sierra Nevada snowpack—the source of much of California’s water—found that it is only 20% of its average depth at this … Continue reading

PLF attorneys discuss Koontz at property rights roundtable

Last week, PLF staff attorney Daniel Himebaugh and I participated in roundtable discussion about the U.S. Supreme Court’s decision in Koontz v. St. John’s River Water Management District, and the decision’s potential impact in Washington. The roundtable was hosted by our … Continue reading