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.

Fighting to protect San Juan property owners from land grab

On June 2, 2015, Division I of the Washington State Court of Appeals is set to hear oral argument in the first state case seeking to limit government’s ability to … ›

20 years of Pacific Northwest victories: the enduring impact of the HEAL decision

One way that PLF can assure that its property rights victories have a long-lasting impact is to “connect the dots” between past cases and current controversies.  A good example is … ›

KAPO’s cert petition is catching attention

Earlier this year, PLF filed a petition for a writ certiorari with the U.S. Supreme Court in the case, Kitsap Alliance for Property Owners v. Central Puget Sound Growth Management Hearings … ›

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 … ›

If a tree pollutes in the woods…

Author: Brian T. Hodges For years, Washington’s Department of Ecology has been trying to determine the source of pollutants entering Puget Sound.  The presumption, of course, has been that those … ›

The cost of truth

Author: Brian T. Hodges If truth is held to be a virtue, then why did Washington’s environmental agencies work so hard to stifle a bill that would require them to … ›

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 … ›

Court of Appeals: stream buffers took private property

Author: Brian T. Hodges Earlier this year, PLF stepped in to help Kipp and Marilyn Dunlap protect themselves against an uncompensated taking of their vacant residential lot in Nooksack, Washington … ›

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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.

Fighting to protect San Juan property owners from land grab

On June 2, 2015, Division I of the Washington State Court of Appeals is set to hear oral argument in the first state case seeking to limit government’s ability to … ›

20 years of Pacific Northwest victories: the enduring impact of the HEAL decision

One way that PLF can assure that its property rights victories have a long-lasting impact is to “connect the dots” between past cases and current controversies.  A good example is … ›

KAPO’s cert petition is catching attention

Earlier this year, PLF filed a petition for a writ certiorari with the U.S. Supreme Court in the case, Kitsap Alliance for Property Owners v. Central Puget Sound Growth Management Hearings … ›

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 … ›

If a tree pollutes in the woods…

Author: Brian T. Hodges For years, Washington’s Department of Ecology has been trying to determine the source of pollutants entering Puget Sound.  The presumption, of course, has been that those … ›

The cost of truth

Author: Brian T. Hodges If truth is held to be a virtue, then why did Washington’s environmental agencies work so hard to stifle a bill that would require them to … ›

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 … ›

Court of Appeals: stream buffers took private property

Author: Brian T. Hodges Earlier this year, PLF stepped in to help Kipp and Marilyn Dunlap protect themselves against an uncompensated taking of their vacant residential lot in Nooksack, Washington … ›

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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.

Fighting to protect San Juan property owners from land grab

On June 2, 2015, Division I of the Washington State Court of Appeals is set to hear oral argument in the first state case seeking to limit government’s ability to … ›

20 years of Pacific Northwest victories: the enduring impact of the HEAL decision

One way that PLF can assure that its property rights victories have a long-lasting impact is to “connect the dots” between past cases and current controversies.  A good example is … ›

KAPO’s cert petition is catching attention

Earlier this year, PLF filed a petition for a writ certiorari with the U.S. Supreme Court in the case, Kitsap Alliance for Property Owners v. Central Puget Sound Growth Management Hearings … ›

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 … ›

If a tree pollutes in the woods…

Author: Brian T. Hodges For years, Washington’s Department of Ecology has been trying to determine the source of pollutants entering Puget Sound.  The presumption, of course, has been that those … ›

The cost of truth

Author: Brian T. Hodges If truth is held to be a virtue, then why did Washington’s environmental agencies work so hard to stifle a bill that would require them to … ›

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 … ›

Court of Appeals: stream buffers took private property

Author: Brian T. Hodges Earlier this year, PLF stepped in to help Kipp and Marilyn Dunlap protect themselves against an uncompensated taking of their vacant residential lot in Nooksack, Washington … ›

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.

Fighting to protect San Juan property owners from land grab

On June 2, 2015, Division I of the Washington State Court of Appeals is set to hear oral argument in the first state case seeking to limit government’s ability to … ›

20 years of Pacific Northwest victories: the enduring impact of the HEAL decision

One way that PLF can assure that its property rights victories have a long-lasting impact is to “connect the dots” between past cases and current controversies.  A good example is … ›

KAPO’s cert petition is catching attention

Earlier this year, PLF filed a petition for a writ certiorari with the U.S. Supreme Court in the case, Kitsap Alliance for Property Owners v. Central Puget Sound Growth Management Hearings … ›

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 … ›

If a tree pollutes in the woods…

Author: Brian T. Hodges For years, Washington’s Department of Ecology has been trying to determine the source of pollutants entering Puget Sound.  The presumption, of course, has been that those … ›

The cost of truth

Author: Brian T. Hodges If truth is held to be a virtue, then why did Washington’s environmental agencies work so hard to stifle a bill that would require them to … ›

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 … ›

Court of Appeals: stream buffers took private property

Author: Brian T. Hodges Earlier this year, PLF stepped in to help Kipp and Marilyn Dunlap protect themselves against an uncompensated taking of their vacant residential lot in Nooksack, Washington … ›