In 1982, Marilyn and Patrick Nollan wanted to convert their one-story beach bungalow into a modest two-story home. The house had been the Nollans’ part-time beach house, but they loved the serene beach views of the Pacific Ocean so much that they decided to add a second story on the house and make it their permanent family home.
SCOTUS held that people who are legally obligated to join trade or professional organizations cannot be forced to fund political or ideological activities that have nothing to do with regulating or managing their profession—such as lobbying—through mandatory dues.
By wiping away procedural hurdles blocking landowners from the courthouse doors, Suitum has since been immensely important for anyone who needs to sue the government to protect their property.
Palazzolo v. Rhode Island represents an important check on government and a powerful protection of property rights. Government might have the power to regulate private property, but it must pay property owners for any land it takes—regardless of when it takes a property owner’s land.
Back in 1989, Michigan developer John Rapanos was simply clearing his property to build homes and a shopping mall when he became so ensnared in a regulatory quagmire, it took the U.S. Supreme Court to resolve. John’s troubles began when he pulled up some trees on his 54-acre site and filled the stump holes with sand. Federal regulators claimed an adjacent drainage ditch qualified John’s land as a wetland that required a permit to develop and issued a cease-and-desist order. When John didn’t back down, the government filed a federal lawsuit accusing him of violating the Clean Water Act (CWA).
Great news out of Florida. The city of Boynton Beach has abandoned its plans to condemn 12 properties in Boynton Beach for purposes of private development. This case is close to my heart, because some years ago, when the Heart of Bonyton Plan was first being implemented, PLF sent an attorney to speak to local residents and explain what eminent doma ...
by Timothy Sandefur The East Valley (AZ) Tribune reports that the state Senate has approved a bill (HCR2002) which would limit authorities from condemning property they consider "blighted." Remember, Gov. Napolitano recently vetoed a bill that would have provided strong protections for private property rights in that state.) The new bill ...
Susette Kelo herself has this article in the Worcester (MA) Telegram. Excerpt: This has been a stressful eight years. More often than not, I wake up exhausted, discouraged and wonder if this is all worth it. But even though I've lost my rights, and I've lost my property, I cannot quit. I want to keep my home. The threat of eminent domain continues ...
Sinners in the Hands of An Angry Blog has this post, noting thatThe decision electrified the property rights movement around the country. Unfortunately, the bad guys have proven very skilled at obfuscating the issue and misdirecting public attention. As a result, in many states, property rights are nearly as vulnerable today as they were a year ago ...
President Bush today issued an executive order which requires the Attorney General to monitor condemnations undertaken by federal departments and agencies, and to ensure that they comply with the following policy statement: It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the ...