Article: are critical area buffers unconstitutional?

Today, the Seattle Journal of Environmental Law published my article, Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine of Unconstitutional Conditions. Although the article focuses on developments in Washington state law, it contains arguments relevant to property rights practitioners elsewhere. For example, the article explains why a demand that a landowner dedicate a “buffer area” takes valuable property rights. It also dispels the mistaken belief that conditions imposed pursuant to generally applicable legislation should be subject less rigorous scrutiny than all other conditions.

U.S. Supreme Court set to conference on shoreline exaction scheme

Almost a century ago, Justice Holmes famously warned that “We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant … ›

Washington trial court fumbles the ball in a post-Koontz case

Since the U.S. Supreme Court decided Koontz v. St. Johns River Water Management District last year, I have been on a speaking tour with a prominent government attorney, discussing the … ›

Fighting Washington’s shoreline land grab

Washington’s state and local governments are determined to take control over privately owned shorelines away from property owners. Over the past several years, we have seen wave after wave of regulations … ›

PLF asks U.S. Supreme Court to review big buffer case

Author: Brian T. Hodges Earlier today, PLF filed a petition for a writ of certiorari with the U.S. Supreme Court in the case, Kitsap Alliance for Property Owners v. Central … ›

Victories and unanswered questions in buffer appeal

Author: Brian T. Hodges Earlier today, the Kitsap Sun published an op-ed that I co-authored with Jackie Rossworn, executive director of Kitsap Alliance of Property Owners.  The op-ed highlights several … ›

Rank, rotten, and foul! Kitsap County’s prosecutor uses shoreline buffers to make sure his neighbor can’t build his home

Author: Brian T. Hodges To borrow from Shakespeare, something is rotten in the County of Kitsap.  The County’s elected prosecutor is living the American dream.  He has a fully developed … ›

City claims that environmental regulations should trump constitutionally protected property rights

Author: Brian T. Hodges Kipp and Marilyn Dunlap bought a vacant residential lot in Nooksack, Washington with the dream of building their home there.  But the city had other ideas.  … ›

If at first you don’t succeed, change the rules!

Author: Brian T. Hodges Earlier today, Washington’s Supreme Court granted review of a petition asking whether the Legislature can enact a bill that would operate retroactively to wipe out several … ›

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Article: are critical area buffers unconstitutional?

Today, the Seattle Journal of Environmental Law published my article, Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine of Unconstitutional Conditions. Although the article focuses on developments in Washington state law, it contains arguments relevant to property rights practitioners elsewhere. For example, the article explains why a demand that a landowner dedicate a “buffer area” takes valuable property rights. It also dispels the mistaken belief that conditions imposed pursuant to generally applicable legislation should be subject less rigorous scrutiny than all other conditions.

U.S. Supreme Court set to conference on shoreline exaction scheme

Almost a century ago, Justice Holmes famously warned that “We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant … ›

Washington trial court fumbles the ball in a post-Koontz case

Since the U.S. Supreme Court decided Koontz v. St. Johns River Water Management District last year, I have been on a speaking tour with a prominent government attorney, discussing the … ›

Fighting Washington’s shoreline land grab

Washington’s state and local governments are determined to take control over privately owned shorelines away from property owners. Over the past several years, we have seen wave after wave of regulations … ›

PLF asks U.S. Supreme Court to review big buffer case

Author: Brian T. Hodges Earlier today, PLF filed a petition for a writ of certiorari with the U.S. Supreme Court in the case, Kitsap Alliance for Property Owners v. Central … ›

Victories and unanswered questions in buffer appeal

Author: Brian T. Hodges Earlier today, the Kitsap Sun published an op-ed that I co-authored with Jackie Rossworn, executive director of Kitsap Alliance of Property Owners.  The op-ed highlights several … ›

Rank, rotten, and foul! Kitsap County’s prosecutor uses shoreline buffers to make sure his neighbor can’t build his home

Author: Brian T. Hodges To borrow from Shakespeare, something is rotten in the County of Kitsap.  The County’s elected prosecutor is living the American dream.  He has a fully developed … ›

City claims that environmental regulations should trump constitutionally protected property rights

Author: Brian T. Hodges Kipp and Marilyn Dunlap bought a vacant residential lot in Nooksack, Washington with the dream of building their home there.  But the city had other ideas.  … ›

If at first you don’t succeed, change the rules!

Author: Brian T. Hodges Earlier today, Washington’s Supreme Court granted review of a petition asking whether the Legislature can enact a bill that would operate retroactively to wipe out several … ›

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Article: are critical area buffers unconstitutional?

Today, the Seattle Journal of Environmental Law published my article, Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine of Unconstitutional Conditions. Although the article focuses on developments in Washington state law, it contains arguments relevant to property rights practitioners elsewhere. For example, the article explains why a demand that a landowner dedicate a “buffer area” takes valuable property rights. It also dispels the mistaken belief that conditions imposed pursuant to generally applicable legislation should be subject less rigorous scrutiny than all other conditions.

U.S. Supreme Court set to conference on shoreline exaction scheme

Almost a century ago, Justice Holmes famously warned that “We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant … ›

Washington trial court fumbles the ball in a post-Koontz case

Since the U.S. Supreme Court decided Koontz v. St. Johns River Water Management District last year, I have been on a speaking tour with a prominent government attorney, discussing the … ›

Fighting Washington’s shoreline land grab

Washington’s state and local governments are determined to take control over privately owned shorelines away from property owners. Over the past several years, we have seen wave after wave of regulations … ›

PLF asks U.S. Supreme Court to review big buffer case

Author: Brian T. Hodges Earlier today, PLF filed a petition for a writ of certiorari with the U.S. Supreme Court in the case, Kitsap Alliance for Property Owners v. Central … ›

Victories and unanswered questions in buffer appeal

Author: Brian T. Hodges Earlier today, the Kitsap Sun published an op-ed that I co-authored with Jackie Rossworn, executive director of Kitsap Alliance of Property Owners.  The op-ed highlights several … ›

Rank, rotten, and foul! Kitsap County’s prosecutor uses shoreline buffers to make sure his neighbor can’t build his home

Author: Brian T. Hodges To borrow from Shakespeare, something is rotten in the County of Kitsap.  The County’s elected prosecutor is living the American dream.  He has a fully developed … ›

City claims that environmental regulations should trump constitutionally protected property rights

Author: Brian T. Hodges Kipp and Marilyn Dunlap bought a vacant residential lot in Nooksack, Washington with the dream of building their home there.  But the city had other ideas.  … ›

If at first you don’t succeed, change the rules!

Author: Brian T. Hodges Earlier today, Washington’s Supreme Court granted review of a petition asking whether the Legislature can enact a bill that would operate retroactively to wipe out several … ›

Article: are critical area buffers unconstitutional?

Today, the Seattle Journal of Environmental Law published my article, Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine of Unconstitutional Conditions. Although the article focuses on developments in Washington state law, it contains arguments relevant to property rights practitioners elsewhere. For example, the article explains why a demand that a landowner dedicate a “buffer area” takes valuable property rights. It also dispels the mistaken belief that conditions imposed pursuant to generally applicable legislation should be subject less rigorous scrutiny than all other conditions.

U.S. Supreme Court set to conference on shoreline exaction scheme

Almost a century ago, Justice Holmes famously warned that “We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant … ›

Washington trial court fumbles the ball in a post-Koontz case

Since the U.S. Supreme Court decided Koontz v. St. Johns River Water Management District last year, I have been on a speaking tour with a prominent government attorney, discussing the … ›

Fighting Washington’s shoreline land grab

Washington’s state and local governments are determined to take control over privately owned shorelines away from property owners. Over the past several years, we have seen wave after wave of regulations … ›

PLF asks U.S. Supreme Court to review big buffer case

Author: Brian T. Hodges Earlier today, PLF filed a petition for a writ of certiorari with the U.S. Supreme Court in the case, Kitsap Alliance for Property Owners v. Central … ›

Victories and unanswered questions in buffer appeal

Author: Brian T. Hodges Earlier today, the Kitsap Sun published an op-ed that I co-authored with Jackie Rossworn, executive director of Kitsap Alliance of Property Owners.  The op-ed highlights several … ›

Rank, rotten, and foul! Kitsap County’s prosecutor uses shoreline buffers to make sure his neighbor can’t build his home

Author: Brian T. Hodges To borrow from Shakespeare, something is rotten in the County of Kitsap.  The County’s elected prosecutor is living the American dream.  He has a fully developed … ›

City claims that environmental regulations should trump constitutionally protected property rights

Author: Brian T. Hodges Kipp and Marilyn Dunlap bought a vacant residential lot in Nooksack, Washington with the dream of building their home there.  But the city had other ideas.  … ›

If at first you don’t succeed, change the rules!

Author: Brian T. Hodges Earlier today, Washington’s Supreme Court granted review of a petition asking whether the Legislature can enact a bill that would operate retroactively to wipe out several … ›