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Month: August 2014

August 29, 2014

President's weekly report — August 29, 2014

Property Rights — double-secret easements in Hobe Sound Like the fictional Delta House double secret probation, the Flash Beach Grill in Hobe Sound, Florida, finds itself subject to a secret unrecorded conservation easement.  Unbeknownst to Robert and Anita Breinig, when they purchased land for their restaurant that land was allegedly b ...

August 29, 2014

More Endangered Species Act problems …

Over at the Reason Foundation website, Brian Seasholes has an interesting post underscoring conflicting environmental policies under the Endangered Species Act and highlighting our gopher frog case. The article is entitled The Endangered Species Act Hits Affluent Maryland Suburb of the Nation’s Capitol and People are Furious. It starts with t ...

August 28, 2014

New Hampshire school choice victory

This morning, the New Hampshire Supreme Court upheld the state’s landmark Education Tax Credit Program. The Program allows businesses to claim a tax credit on their tax bill for donations to tuition scholarship organizations approved by the state. Those organizations, in turn, provide scholarships to low-income students to attend public or ...

August 28, 2014

Florida county ignores entrepreneurs’ property rights and hundreds of years of law

If you've ever bought a house or piece of land, you probably paid for a title search and title insurance.  A title search makes sure that the seller actually owns the property, free from any undisclosed liens or other third-party interests. Title insurance protects you from the financial loss that could accompany any interests that ...

August 28, 2014

Siskiyou County seeks high court review of groundwater decision

Last month, the Sacramento Superior Court issued a decision in Environmental Law Foundation v. State Water Resources Control Board, holding among other things that Siskiyou County cannot issue any new well permits unless it assesses the impacts of new groundwater withdrawals on the Scott River.  The decision is the first of a California court hold ...

August 28, 2014

PLF's Timothy Sandefur talks with Armstrong & Getty about property rights and the right to earn a living

I’ll be joining Armstrong & Getty in studio today at 7 am to talk about PLF’s lawsuit against San Francisco’s ransom demand for property owners, and Nebraska’s effort to force “for sale by owner” advertisers to get real estate broker licenses. Update: If you missed it, you can listen to the podcast here. ...

August 27, 2014

Illinois politicians impose a "corruption tax"

It has been said that Illinois is plagued by unbridled corruption.  Almost 90 percent of Illinois voters agree.  After all, four of the past seven Illinois governors have been convicted and sentenced to prison.  So who pays for the numerous criminal dealings of crooked politicians?  Taxpayers.  One recent study estimates that the cost of unnec ...

August 26, 2014

The constitutional implications of the ALS Ice Bucket Challenge

In the video below, PLF attorneys Jennifer and Joshua Thompson discuss some of the constitutional issues that stem from the ALS Ice Bucket Challenge. ...

August 25, 2014

PLF to forest service: stop coveting private water rights

Last Friday Pacific Legal Foundation filed this comment letter with the United States Forest Service, in opposition to a proposed policy that would prevent the owners of private water rights from transferring them under state law from existing uses to other more economical uses. The American West has an interesting history of privately held rights ...

August 25, 2014

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 or what test applied to the taking, the Second Circuit concluded that, regard ...

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