Articles

Property rights in America : Congress listens

July 14, 2015 | By

On July 9, 2015, the House Subcommittee on the Constitution and Civil Justice heard testimony on Kelo v. City of New London, ten years after that infamous decision was rendered. But Chairman Bob Goodlatte and Rep. Trent Franks wanted to hear more than just the aftermath concerning Kelo style abuse of eminent domain. To recall, … ...

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Federal government argues it cannot be sued in federal court for a violation of the Fifth Amendment

July 16, 2015 | By

In Brott et. al. v. United States, a group of Michigan property owners have brought suit against the United States for a violation of their rights under the Fifth Amendment. They contend that the federal “rails to trails” program has resulted in a taking of their private property without payment of just compensation. But this … ...

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Stay tuned : Another PLF case on the Supreme Court “relist” watch

December 08, 2015 | By

In addition to Corps v. Hawkes and Kent Recycling v. Corps, Pacific legal Foundation has a third case that has been “relisted” and is being given serious consideration for a grant of certiorari.  Under the current procedure, the Supreme Court of the United States often relists a case for the next conference if it is a … ...

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Supreme Court agrees to hear PLF "relevant parcel" case

January 15, 2016 | By

For almost 25 years since Lucas v. South Carolina Coastal Council, it has been well established that government agencies commit an unconstitutional taking when their regulations deprive a property owner’s land of “all economically viable use.” But when a property owner owns two or more adjacent legal parcels, courts have split on ...

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PLF files opening brief at Supreme Court in Murr v. Wisconsin

April 11, 2016 | By

Pacific Legal Foundation today filed its Petitioners’ Brief on the Merits in this case pending before the Supreme Court of the United States. The Court granted review on January 15th, 2016, and oral argument will be held in early October. A specific oral argument date has not yet been set.  A copy of the Petition … ...

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Amici line up in support of the Murr family

April 19, 2016 | By

Yesterday, eleven separate briefs representing over 30 entities were filed in the Supreme Court of the United States in support of the Murrs in this high profile regulatory taking case. Of particular note, the State of Nevada was joined by eight other states, pointing out that “Amici States’ interest is at its apex here” and that ...

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President's weekly report — June 3, 2016

June 02, 2016 | By

Supreme Court Victory! The Supreme Court gave Pacific Legal Foundation a resounding victory on Monday in United States Army Corps of Engineers v. Hawkes. The unanimous Court held that a Corps of Engineers’ Jurisdictional Determination (i.e. wetlands delineation) is immediately reviewable in court and subject to challenge. For the first time s ...

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A momentous week

July 08, 2016 | By

This week, Pacific Legal Foundation made history outside the courtroom with the naming of Steven D. Anderson — our next President and CEO.  Steven is well versed in constitutional law and he’s an ardent defender of property rights from a stellar career at the Institute for Justice where he is currently Executive Vice President and … ...

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PLF files its Supreme Court reply brief in Murr v. Wisconsin

July 29, 2016 | By

The Supreme Court of the United States today received PLF’s Reply Brief on the Merits in Murr v. Wisconsin, filed on behalf of the Murr family. The case is now fully briefed, and ready for scheduling oral argument. It is expected that the Court will soon set an oral argument date, most likely in November. … ...