SCLS Realty, LLC and Sixty Three Johnston, LLC v. Town of Johnston, RI
Government heist derails affordable housing hopes in Rhode Island
SCLS and Sixty Three Johnston are fighting back with a federal lawsuit to protect the rights of all property owners to use their land to serve important public needs—like affordable housing for families in Rhode Island and nationwide.
835 Hinesburg Road, LLC v. South Burlington
Fighting to Open Courtroom Doors to Property Takings Claims
With their property rights relegated to second-class status, Jeff Nick, along with his son Ryan, and Jeff Davis are fighting back. Represented at no charge by Pacific Legal Foundation, they’re appealing their case’s unjust dismissal to ensure federal court access for takings claims and ultimately the right to productively use their property.
Daniel Knight v. Richardson Bay Regional Authority
California man fights government overreach to protect his houseboat and his rights
Daniel Knight called Richardson Bay—in Marin County, California—home since he first dropped anchor there in 1999. For the 65-year-old retired truck driver with a fixed income, several medical problems, and no nearby family, boats have served as the only affordable form of housing. Daniel lived on a fully operational, 35-foot sailboat, complete with electricity, a hot water system and shower, and working engine and sail systems. Daniel had the good fortune of timing when he bought the vessel—the former owner had to move to Alaska and sold the boat to Daniel for a steeply discounted price of $6,000.
Ariyan Inc. v. Sewerage & Water Board of New Orleans
Fighting for timely just compensation for government-damaged property
Hemorrhaging money and time, and unable to repair their properties or restore their businesses, these small businesses and property owners are asking the Supreme Court to confirm their constitutional right to reasonably timely just compensation.
Ralston, et al. v. County of San Mateo, CA, et al.
Government’s regulatory purgatory demotes property rights to second-class status
Courts cannot require Randy to ask the county to allow a land use it will not approve, via a process that does not exist, simply to make his takings case “ready” for the court’s review.
Shands v. City of Marathon
Government takes family’s land and uses gimmicks to avoid paying for it
The Shands family has owned Shands Key, a small Florida island, since the 1950s. Purchased by World War II surgeon and Mississippi hospital owner Dr. R.E. Shands, the island was originally zoned for residential use and could have been developed with at least seven homes. Today, however, government regulations designed to protect the environment prohibit any development on the island—not even a dock, thus reducing the property’s value by 98 percent. But rather than pay the family compensation for this taking, the city offered “transferrable development rights” or a promise that the family can develop property somewhere else. Because the government can’t use gimmicks such as “transferable development rights” (TDRs) to avoid paying for taking property, Dr. Shands’ four children are fighting back in state courts.
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 Francisco requires that property owners doing this conversion must offer lifetime leases to any tenants. Rather than allow the city to trample his property rights by dictating the use of his own property, Pakdel is fighting the unconstitutional mandate in federal court.