J. David Breemer

Senior Attorney

Sacramento

J. David (Dave) Breemer developed a passion for liberty while reading classics such as John Locke’s Two Treatises of Government and Thomas Paine’s The Rights of Man, as he pursued Masters Degree in American Political Theory at University of California, Davis. During this time, Dave began to believe that individual freedom and choice is a God-given and inviolable gift that is almost above governmental power.

Dave then traveled throughout North America for several years as an adventure tour guide, discussing  American ideas of freedom with groups of young people form Europe, Australia and Japan while rafting, skydiving and hiking in places like Monument Valley, Las Vegas and Alaska.

In 1998, Dave went to law school at the University of Hawaii, where he studied, and co-authored several property rights-oriented law reviews, with Professor David L. Callies, a noted land use authority. In 2001, Dave graduated summa cum laude from law school, and returned to California to work as an attorney for PLF.

Since joining PLF, Dave has worked as an attorney in PLF’s property rights group. In that capacity, he has litigated numerous federal and state court cases vindicating the constitutional right to use and enjoy private property. Examples include: Levin v. City and County of San Francisco, 71 F.Supp.3d 1072 (N.D. Ca., 2014); Sansotta v. Town of Nags Head, 724 F.3d 533 (4th Cir. 2013); Severance v. Patterson, 390 S.W.3d 705 (Tex. 2012); Severance v. Patterson, 566 F.3d 490 (5th Cir. 2009); Crown Point Dev., Inc. v. City of Sun Valley, 506 F.3d 851 (9th Cir. 2007).

Dave has also written many law review articles about the Supreme Court’s property rights jurisprudence in his time at PLF. He continues to believe that property rights are vital to securing other rights — such as privacy, self-expression, and financial freedom –and as a result, he continues to be passionate about securing the right to use and enjoy property for all Americans  in the courts of this nation.

J. David (Dave) Breemer developed a passion for liberty while reading classics such as John Locke’s Two Treatises of Government and Thomas Paine’s The Rights of Man, as he pursued Masters Degree in American Political Theory at University of California, Davis. During this time, Dave began to believe that individual freedom and choice is a God-given and inviolable gift that is almost above governmental power.

Dave then traveled throughout North America for several years as an adventure tour guide, discussing  American ideas of freedom with groups of young people form Europe, Australia and Japan while rafting, skydiving and hiking in places like Monument Valley, Las Vegas and Alaska.

In 1998, Dave went to law school at the University of Hawaii, where he studied, and co-authored several property rights-oriented law reviews, with Professor David L. Callies, a noted land use authority. In 2001, Dave graduated summa cum laude from law school, and returned to California to work as an attorney for PLF.

Since joining PLF, Dave has worked as an attorney in PLF’s property rights group. In that capacity, he has litigated numerous federal and state court cases vindicating the constitutional right to use and enjoy private property. Examples include: Levin v. City and County of San Francisco, 71 F.Supp.3d 1072 (N.D. Ca., 2014); Sansotta v. Town of Nags Head, 724 F.3d 533 (4th Cir. 2013); Severance v. Patterson, 390 S.W.3d 705 (Tex. 2012); Severance v. Patterson, 566 F.3d 490 (5th Cir. 2009); Crown Point Dev., Inc. v. City of Sun Valley, 506 F.3d 851 (9th Cir. 2007).

Dave has also written many law review articles about the Supreme Court’s property rights jurisprudence in his time at PLF. He continues to believe that property rights are vital to securing other rights — such as privacy, self-expression, and financial freedom –and as a result, he continues to be passionate about securing the right to use and enjoy property for all Americans  in the courts of this nation.

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Property Rights

Chmielewski v. City of St. Pete Beach

City cannot invite the public to make itself at home on private property

The Chmielewski family owns beachfront property in the City of St. Pete Beach, Florida. The city owns an arts center inland and adjacent to the Chmielewski’s home. After the city built a trail and encouraged the public to traverse the Chmielewski’s land to access their private beach, the family sued the city for effecting a taking without just compensation and for violating the Fourth Amendment’s prohibition on unwarranted seizures. The trial court awarded the Chmielewski’s damages for the seizure and the loss in value to their private beach and their home as a result of the taking. The City appealed to the Eleventh Circuit and PLF filed a brief supporting the family’s property rights.

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Property Rights

Wayside Church v. Van Buren County, Michigan

States rob property owners of surplus funds after tax foreclosure sales

The state of Michigan allows counties to take and sell tax-delinquent properties and keep all the profits from the sale – no matter how small the tax debt or how valuable the property. Three Van Buren County property owners lost their properties over relatively small tax debts, resulting in major windfalls for the county when it sold their properties at a foreclosure auction. The taxpayers sued on the grounds that the county’s uncompensated taking of their property beyond what was needed to square the tax debt violates the constitution. The district court ruled against them on the merits and the Sixth Circuit held that their claim was not even eligible to be considered. PLF took over the case to ask for Supreme Court review.

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Property Rights

Beach Group Investments, LLC v. Florida Deptartment of Environmental Protection

Florida court demands futile hoop-jumping before seeking redress for a taking

Beach Group Investments bought beachfront land and obtained local permits to build a condominium complex. Subsequently, the Florida Department of Environmental Protection changed its setback requirements and, as a result, rejected Beach Group’s permit application. A trial court held that the inability to build the condo project caused a 96% loss in value and that any attempt to obtain a variance would have been futile. As such, Beach Group suffered a regulatory taking for which it was owed just compensation. An appellate court reversed, however, theorizing that it was “reasonably possible” that Beach Group could obtain a variance and must therefore pursue one before its taking claim would be ripe for adjudication.

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Post

By J. David Breemer

PLF asks Supreme Court to hear massive beach land grab case

This week, Pacific Legal Foundation attorneys filed a Petition for Certiorari asking the United States Supreme Court to review the case of Nies v. Town of Emerald Isle, discussed more here. … ›

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Op-Ed

Madison’s principles on trial

James Madison, the author of the Bill of Rights, once said that “[g]overnment is instituted to protect property of every sort. This being the end of government, that alone is … ›

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By J. David Breemer

Supreme Court schedules oral argument in Murr for March 20, 2017

Today, the United States Supreme Court issued its oral argument calendar for March, 2017. Pacific Legal Foundation (PLF) is pleased to note that the Court included PLF’s important property rights … ›

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By J. David Breemer

Setting the town straight on North Carolina beach dispute

The dry beach takings case of Nies v.Town of Emerald Isle, described more fully here, continues to generate debate in North Carolina. Recently, the Manager of Defendant Town of Emerald … ›

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Post

By J. David Breemer

NC Supreme Court agrees to review beach access takings case

Today, the North Carolina Supreme Court agreed to review the case of Nies v. Town of Emerald Isle, a beach property rights dispute pitting a couple’s right to limit access to their … ›

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By J. David Breemer

In modern constitutional battles, its often 1984, not 2016

My son is currently reading George Orwell’s classic dystopian novel, 1984.  As many of you probably remember, the story is about a society subject to pervasive government control and monitoring and one person’s … ›

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