Louisiana’s Constitution draws a bright line against using expropriation to take private property for the exclusive use and benefit of a private enterprise. [Plaquemines Port Harbor] crossed that line. Because the project can proceed through an ordinary, voluntary transaction—and because the Port seeks only to insert itself to capture private revenue—this taking is precisely the abuse the post-Kelo amendments were enacted to forbid.
People should not be deprived of their homes or vehicles or large sums of money without adequate notice of the confiscation, delivered in a way most likely to reach them. ... The changed world of communications warrants revisiting existing standards of adequate notice. The petition squarely presents the issue and warrants th[e Supreme] Court’s review.
If the government takes away a property owner’s fundamental right to exclude, in whole or in part, it is a categorical physical taking that is contrary to the Fifth Amendment without regard to any other facts or circumstances. While the lack of available housing may be a public problem, these private property owners cannot be singled out to bear the burden of fixing it. The trial court’s decision should be affirmed.
“By granting Okello Chatrie’s petition, this Court can clear up the confusion about two issues, helping ensure uniform Fourth Amendment protection for sensitive data belonging to users of services which have become integral to our specialized, technologically advanced economy.”
This Court should consent to jurisdiction to resolve whether general administrative warrants may issue. By expressly overruling Price as inconsistent with modern precedent, rooting Article I, § 14 in its common-law preference for specific warrants, and prioritizing the liberty interests at their zenith in the home, [the Ohio Supreme Court] can ensure Ohioans’ constitutional protections exceed the federal floor set by Camara.
An owner’s right to be secure in his or her private property is only as safe as the government’s—most importantly the judiciary’s—fealty to what the Supreme Court describes as “settled expectations” of land title.
“As Colorado River itself acknowledged in an oft-quoted line, federal courts have a “virtually unflag-ging obligation” to exercise their jurisdiction.”