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Property Rights

Ballinger v. City of Oakland

Unconstitutional tenant relocation scheme hurts families, housing

When the Air Force reassigned Lyndsey and Sharon Ballinger to Washington DC, in 2015, they kept their house in Oakland, California, renting it on a month-to-month lease so they could return to it. When the couple and their two small children came home this spring, a new city law forced them to pay their tech-sector tenants $6,500—for the right to move back into their own home. The law aims to help residents affected by soaring housing costs. But because the law’s good intent comes at the expense of their constitutional protections, the Ballingers filed a federal lawsuit.

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Property Rights

Knick v. Scott Township Pennsylvania

Supreme Court considers second-class treatment of property rights

In 2013, government agents forced Rose Knick to allow public access to a suspected gravesite on her farmland. Rose sued over the unconstitutional property taking. But a federal court refused to hear her federal claim citing the 1985 Supreme Court decision Williamson County. Rose has asked the Court to overturn this precedent so property rights are on equal footing with other rights such as due process and free speech. On behalf of Rose and all property owners, PLF argued Knick before the Supreme Court on October 3, 2018.

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Property Rights

Weyerhaeuser/Markle v. U.S. Fish and Wildlife Service

Victory: U.S. Supreme Court protects property rights from illegal stretches of existing law

As a child, Edward Poitevent’s family cut down Christmas trees on their lumber-rich land in Louisiana, and one day he’d like to leave the property to his own children. But federal bureaucrats jeopardized his legacy when they declared nearly 1,500 acres of his family’s private land as a critical habitat for the dusky gopher frog—a species not seen in the state for more than 50 years. Neither the Endangered Species Act nor congressional intent justifies such government-sanctioned property theft. Represented by PLF, Edward sued to defend his constitutionally protected property rights. In a unanimous decision announced November 27, 2018, the High Court agreed with Edward that the Fish and Wildlife Service overstepped its authority with the critical habitat designation and the Court remanded the case so that the lower court could consider Edward’s arguments anew.

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Latest Blog Posts

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By James S. Burling

Weekly litigation report — December 22, 2018

Image result for permafrost
Is this navigable? An exposed permafrost layer — considered to be a “water of the United States” by the Corps of Engineers Permafrost underlies roughly 85% of Alaska’s 663,300 square miles

PLF asks Supreme Court to hear Alaska permafrost case

This week, PLF filed a petition asking the United States Supreme Court to review Tin Cup, LLC v US Army Corps of Engineers, a case that asks whether the federal government can control land uses on buried frozen permafrost just because the government claims such permafrost is a “navigable water” In 1992, Congress directed the Army Corps of Engineers to

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By Anastasia P. Boden

There’s no evidence that truthful happy hour advertising sends Virginians into a binge fest

We’ve finally made it to the merits in our happy hour advertising lawsuit.  It’s been a struggle.  As I detailed in the Washington Post, the Virginia ABC (and the state … ›

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By Erin Wilcox

Water rights are property rights too!

Stanford Vina Ranch Irrigation Company is a California non-profit water company that has been lawfully using water from Deer Creek for irrigation since 1862. When drought struck the state in … ›

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By David J. Deerson

PLF implores Supreme Court to put a stop to protectionist alcohol policies

Today, PLF filed an amicus brief at the United States Supreme Court arguing against protectionist policies in the case of Tennessee Wine & Spirits Retailers Association v. Blair. During the … ›

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By Daniel M. Ortner

PLF urges Supreme Court to keep government hands off the internet and protect private property

This nation’s long-standing respect for private enterprise, individual freedom, and private property ownership has led to the most dynamic engines for growth the world has ever known. When the sphere … ›

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By Damien M. Schiff

Last brief filed in gray wolf listing challenge

Yesterday, we filed our final merits brief in California Cattlemen’s Association v. California Fish & Game Commission, challenging the listing of the gray wolf as an endangered species under the California … ›

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By Jeffrey W. McCoy

PLF asks Supreme Court to hear permafrost case

Today, Pacific Legal Foundation filed a Petition asking the United States Supreme Court to hear a case about whether permafrost is a “navigable water.” In 1992, Congress directed the Army … ›

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By Ethan W. Blevins

Seattle “democracy vouchers” head to state supreme court

People use money to express themselves. Resistance T-shirts, MAGA hats, donations to moveon.org, promoted tweets—whatever your views may be, shouting louder than the other guy will cost you. So, what … ›

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By James S. Burling

Weekly litigation report — Property rights, school choice, free speech, and more

Public land stewards reiterate that the president can reduce the size of national monuments Briefing is now complete on the motion to dismiss Utah Diné Bikéyah v. Trump, a case … ›

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