Articles

Weekly litigation report — April 8, 2017

April 08, 2017 | By JAMES BURLING

Competitors' Veto Law Repealed! Another "relevant parcel" case headed for the Supreme Court Cap and trade upheld by California court of appeal Just compensation means compensation that is just, not cheap Oral argument in Missouri anti-discrimination case California courts don't like competition WOTUS to remain before SCOTUS Access ...

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State legislatures do not define what constitutes “just compensation”

April 05, 2017 | By JEFF MCCOY

The Fifth Amendment to the U.S. Constitution provides that private property shall not be taken "for public use, without just compensation." The just compensation requirement safeguards private property rights by ensuring that the government cannot take property on a whim. But who defines what constitutes "just compensation?" That is the question ...

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Two PLF attorneys to speak at upcoming eminent domain conference

December 02, 2016 | By JAMES BURLING

PLF attorney Dave Breemer and I will be speaking at the upcoming ALI-CLE course, Eminent Domain and Land Valuation in San Diego this upcoming January 26 to 28. In addition to Dave and me, Robert Thomas who helps PLF on cases out of Hawaii is a co-chair of the conference. This course has always been highly rated and is essential to those wising to b ...

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Presentation at the Peace Palace

October 21, 2016 | By JAMES BURLING

caption id="attachment_43381" align="alignright" width="300" The Peace Palace in The Hague/caption I gave a presentation earlier today at the Peace Palace in The Hague in the Netherlands. This was part of the 13th Annual Brigham-Kanner Property Rights Conference, sponsored by the William & Mary Law School and the University of Leiden. Each yea ...

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Weekly litigation report — August 14, 2016

August 20, 2016 | By JAMES BURLING

Property rights -- California Supreme Court rules on compensation issues Complaint filed in extortionate low-income housing demand Ancient custom of beach driving? Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS rule pass caption id="" align="alignr ...

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Weekly litigation report — July 9, 2016

July 09, 2016 | By JAMES BURLING

The big news around PLF this week was, of course, the announcement of our next President and CEO Steven Anderson. We are all very excited to work with him in the near future. In the meantime, PLF attorneys have had another busy week in the nation's courts. Chilling free speech by labeling it as "professional conduct" We filed a brief asking a ful ...

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Weekly litigation report — July 1, 2016

July 01, 2016 | By JAMES BURLING

California Supreme Court to take up tax case The right to a jury when the federal government takes your property Appeal filed in mobile home case Loss in gopher frog critical habitat challenge Union trespassing upheld Stack and pack upheld -- loss for property owners Adverse asbestos decision and peanut butter sandwiches Ca ...

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Weekly litigation report — June 10, 2016

June 13, 2016 | By JAMES BURLING

Another Supreme Court Victory! About two years ago, we filed a petition for certiorari in Kent Recycling v. U.S. Army Corps of Engineers, a case out of the Fifth Circuit where we were challenging a district court ruling that held that our clients could not challenge a wetlands jurisdictional determination in court. Unfortunately, the Supreme Court ...

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City of Perris v. Stamper oral argument recap

May 30, 2016 | By PACIFIC LEGAL FOUNDATION

On Thursday morning, the California Supreme Court heard oral arguments in City of Perris v. Stamper. See our brief in the case here and our previous blog posts on the case here and here for background information on the case. The oral arguments appeared to show that the California Supreme Court may share some of the concerns that motivated us to su ...