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Property Rights

Lent v. California Coastal Commission

Massive—and unconstitutional—beach access fines threaten family home

In 2016, the Lents received the California Coastal Commission’s first ever fine—$4.185 million—for blocking public access to the beach. The home sits 20 feet above the beach and, without stairs or a ramp, the public cannot safely get to the beach. The property originally included an outdoor stairway and a gate to block the large drop—bo ...

Northern New Mexico Stockman’s Association v. U.S. Fish and Wildlife Service

Ranchers fight illegal critical habitat designation

In 2016, the U.S. Fish and Wildlife Service designated as critical habitat some 14,000 acres of land and 170 miles of streams in Arizona, Colorado, and New Mexico for the jumping mouse. The designation severely limits ranchers’ access to grazing land and watering spots and, according to the Fish and Wildlife Service, adds $20 million in regul ...

Ballinger v. City of Oakland

Unconstitutional tenant relocation scheme hurts families, housing

When the Air Force reassigned Lyndsey and Sharon Ballinger to Washington DC, in 2015, they kept their house in Oakland, California, renting it on a month-to-month lease so they could return to it. When the couple and their two small children came home this spring, a new city law forced them to pay their tech-sector tenants $6,500—for the right to ...

Peter Stavrianoudakis, et al., v. United States Department of Fish & Wildlife and California Department of Fish & Wildlife

Falconry regulations run afoul of the Bill of Rights

Peter Stavrianoudakis is a longtime licensed falconer in California who just wants to do what people have been doing for thousands of years—raise and train falcons. But state and federal regulations have become so restrictive, he and fellow falconers around the country are left to choose between their falcons or their constitutional rights. Pacif ...

Pacetta, LLC v. The Town of Ponce Inlet

Asking the Supreme Court to revive property rights protections

Urged by the town of Ponce Inlet, Florida, Lyder and Simone Johnson bought a number of land parcels and planned a new development through their business, Pacetta, LLC. Town leaders wanted the development so badly, they began revamping the town’s comprehensive land use plan, which would not have allowed the project at the time. But after an el ...

Yim v. City of Seattle

Seattle wages unconstitutional war on landlords

In a noble but misguided effort to combat racial discrimination, the City of Seattle passed a series of ordinances forbidding local landlords from choosing their own tenants. A “first in time” ordinance requires landlords to rent to the first financially-qualified tenant who applies. And the “Fair Chance Housing Ordinance” f ...

Pakdel v. City and County of San Francisco

Government can’t force tenants for life

Mr. Pakdel is a small business owner in Ohio. In 2009 he bought what’s known as a “tenancy in common” (TIC) apartment in San Francisco and leased it to a residential tenant. As part of the purchase, Pakdel signed an agreement with the other owners to convert the building’s six units into condominiums. But the City of San Fra ...

Kansas Natural Resource Coalition v. Department of Interior

Bad rulemaking threatens good conservation

A buffalo rancher by trade, Ken Klemm also uses his 4,000-acre ranch in Kansas for conservation efforts. In fact, Klemm works with the Kansas Natural Resource Coalition (KNRC) to implement a conservation plan for the lesser prairie chicken. The U.S. Fish and Wildlife Service considers such local collaboration for determining endangered listings und ...

Tugaw Ranches, LLC. v. U.S. Department of Interior

Illegal rulemaking threatens livelihoods

Like many western U.S. ranching families, the Picketts have worked on the same land in Idaho for many generations and have a thriving business selling naturally raised beef. And like many ranchers, their business depends on grazing permissions on federal land. But their livelihoods are threatened by rules that set aside over 65-million acres of fed ...