President's weekly report — April 12, 2013
Economic Liberties Project – Certificates of Need
We filed our amicus brief in support of a woman who would love to use a van to transport college students home after wild nights in Bloomington, Indiana, in Crowe v. City of Bloomington. College kids being college kids they sometimes need help home. But competing taxi and van companies being what they are, made it difficult for new competitors to enter the market. Julie Crowe thought she could provide a unique niche by providing rides to college co-eds who might be reluctant to use other services. But she first had to obtain a “certificate of need” and city officials decided that more competition wasn’t “desirable.” As explained in more detail in our blog, such actions do nothing to help the public, but only serve to artificially prop up those already in business.
Property Rights – Farmland Mitigation Measures
The California legislature is currently considering AB 823, a bill that would require costly and impractical mitigation on all conversions of farmland. We sent a letter to a legislative committee explaining the takings implications under Nollan and Dolan the bill might have.
Director of Litigation
Pacific Legal Foundation
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PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›