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Issue: Property Rights

A society cannot flourish and individuals cannot advance their private interests without individual rights to create and productively use property. PLF litigates in several areas of law to secure property rights as the foundation of liberty.

At PLF, we: secure the right to the productive and ordinary use of land; prevent governments from taking property; fight unconstitutional or unlawful regulatory requirements; promote balance in environmental laws; and stop unreasonable searches and seizures.

Posts

Florida appellate court to hold oral argument in PLF case this week

On Tuesday, Florida’s Second District Court of Appeal will hold oral arguments in a number of cases, including in Pacific Legal Foundation‘s P.I.E., LLC v. DeSoto County. Christina Martin and … ›

Cases

Town of Coos Bay, Oregon v. National Marine Fisheries Service

Town of Coos Bay, Oregon v. National Marine Fisheries Service

Federal bureaucrats are twisting environmental and emergency management law to control zoning across Oregon, including its treasured coastal regions. At issue is a National Marine Fisheries Service opinion that governs FEMA’s national flood insurance program. Under the rule, local communities wanting federal flood insurance must abstain from economic development—purportedly to protect endangered species. PLF has stepped in on behalf of Coos Bay, a town that won’t stand for this blatant abuse of the law.

Cases

Waters of the United States

Waters of the United States

It’s now up to the U.S. Supreme Court to decide if the EPA can stretch federal control to nearly every pond, ditch, and puddle in the nation. On October 11, justices heard arguments in National Association of Manufacturers v. Department of Defense, a consolidated case which included an extensive array of our clients. We challenged the EPA’s 2015 proposed rule as being nothing more than an outrageous – and illegal – power grab under cover of the Clean Water Act.

Posts

People for the Ethical Treatment of Property Owners v. Fish and Wildlife Service

PLF asks Supreme Court to restore constitutional limits on federal power

Our Constitution limits the federal government’s powers to those expressly listed in the document. But the government we have today is a far cry from the limited government described by … ›

Documents

People for the Ethical Treatment of Property Owners v. Fish and Wildlife Service

Petition for Writ of Certiorari – PETPO v. U.S. Fish and Wildlife Service

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Posts

PLF asks Supreme Court to secure property owners’ path to takings claim

This week, PLF filed this amicus brief in Beach Group Investments, Inc. v. Florida Department of Environmental Protection.  This case raises yet another example of how the lower courts are … ›

Cases

Markle v. U.S. Fish and Wildlife Service

Markle v. U.S. Fish and Wildlife Service

The federally-protected dusky gopher frog lives exclusively in a small area of Mississippi, in designated critical habitat. However, the government designated over 1500 acres of privately-owned land in Louisiana as “critical habitat,” even while acknowledging that the frog does not, and cannot, live there.

Cases

Cherk Family Trust v. County of Marin, California

Cherk Family Trust v. County of Marin, California

When Dart and Esther Cherk needed to supplement their retirement income, they decided to split a 3-acre vacant lot in Marin County that had been in the family for six decades in order to sell both halves. As a condition of the lot split, however, the county demanded that they pay $40,000 as an “affordable housing” fee.

Cases

Duarte Nursery v. U.S. Army Corps of Engineers

Duarte Nursery v. U.S. Army Corps of Engineers

John Duarte and Duarte Nursery, in rural Tehama County, California, received a cease and desist order from the U.S. Army Corps of Engineers for engaging in normal farming activities (i.e., plowing) that purportedly affected wetlands. Duarte was not permitted any type of hearing to defend himself.

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