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.
This week, the California Coastal Commission will be considering proposed updates to the City of San Clemente’s Local Coastal Program.
PLF filed an application asking the Michigan Supreme Court to grant review and bring justice to Uri Rafaeli—who lost an entire home to Oakland County over an $8 debt, and to Andrew Ohanessian—who lost 2.7 acres over a $6,000 debt.
In 2014, Oakland County, Michigan foreclosed on a home owned by Uri Rafaeli’s business—Rafaeli, LLC—over an $8.41 tax debt. The County sold the property for $24,500, and kept profits. Ditto for Andre Ohanessian, when the County seized and sold his property for $82,000, and pocketed every penny left over from the $6,000 tax debt. While most states refund the surplus, Michigan is among a handful of states that allow property theft to fill government coffers. PLF has asked the Michigan Supreme Court to strike down this bureaucratic theft and restore our clients’ constitutional rights.
One of the most contentious federal regulations published in recent decades is the ill-fated and ill-legitimate “waters of the United States” or “WOTUS” rule that was issued by the Corps and EPA over the objections of Corps experts who argued the EPA misrepresented the science and misapplied the law.
Next Friday, I’ll be presenting oral argument in the Ninth Circuit in Cedar Point Nursery v. Gould. The case involves a challenge to the ALRB’s access regulation, which allows union organizers to use the private property of agricultural employers to solicit potential union members.