What’s a Public Use? A soccer stadium? A casino?

May 23, 2014

Two cases in the news this week made me wonder if I read the Fifth Amendment differently than the rest of the country. The Fifth Amendment to the Constitution says “nor shall private property be taken for public use, without just compensation.” There are any number of interesting questions raised by that language, but I want … ...

A winning hand for the Fifth Amendment

September 11, 2015

Last month, the Constitution won a hand in an Atlantic City Court. That’s a victory for all Americans. The New Jersey Casino Reinvestment Development Authority (CRDA), a state agency, sought to take the Atlantic City family home of Charlie Birnbaum. Birnbaum’s family had owned the home for decades, but that didn’t matter to state ...

Casino Reinvestment Development Authority v. Birnbaum

March 01, 2017

Charlie Birnbaum’s family lives in Atlantic City. A casino coveted their land so the New Jersey Casino Reinvestment Development Authority (CRDA) decided to take the Birnbaums’ home and give it to the casino, ostensibly to benefit the state’s economy. Birnbaum sued because giving his property to a privately-owned casino is not a le ...

Casino Reinvestment Development Authority v. Birnbaum

March 01, 2017

Charlie Birnbaum’s family lives in Atlantic City. A casino coveted their land so the New Jersey Casino Reinvestment Development Authority (CRDA) decided to take the Birnbaums’ home and give it to the casino, ostensibly to benefit the state’s economy. Birnbaum sued because giving his property to a privately-owned casino is not a le ...

PLF opposes unconstitutional land grab in New Jersey

March 02, 2017

Earlier today, Pacific Legal Foundation filed a friend of the court brief in the appellate courts of New Jersey opposing that state’s failed attempt at an unconstitutional land grab in Atlantic City. PLF proudly supports attorney Robert McNamara and the Institute for Justice as IJ fights the good fight for its client, Charlie Birnbaum. The ...