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Tag: fifth amendment

February 25, 2010

The "race" for stimulus money

Author: Ralph W. Kasarda The American Recovery and Reinvestment Act was signed into law by President Obama just over a year ago, on February 17, 2009.  The Recovery Act distributes $787 billion dollars through tax benefits, contracts, grants, loans and entitlements.  Soon after the Recovery Act became law, an argument emerged that the s ...

October 25, 2010

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 (located just south of the Canadian border).  As you may recall, the Dunlaps purchased a quarter-acre lot with the dream of building their home the ...

February 18, 2012

A small miracle in the world of takings law

Robert Thomas, managing attorney of PLF's Hawaii Center in Honolulu recently highlighted an important takings case on his excellent blog, inversecondemnation.com.  The Third Circuit Court of Appeals decided R & J Holding Company v. Redevelopment Authority  in December and found that a property owner did have the right to bring his Fifth Amend ...

April 02, 2012

U.S. Supreme Court to review important property rights case

This morning, the U.S. Supreme Court decided to take review of the important property rights case, Arkansas Game & Fish Commission v. United States.  This case asks whether government actions that result in intermittent physical invasion and occupation of another person's property over a period of 8 years give rise to a claim for damages for ...

April 24, 2012

Today: PLF and Wall Street Journal discuss rent control

PLF Principal Attorney R. S. Radford and members of The Wall Street Journal editorial board will discuss New York City's rent control, and the constitutional challenge to the policy, LIVE at 2PM, on their website: www.wsj.com. Read the press release. ...

July 10, 2012

U.S. Supreme Court set to determine viability of temporary physical takings

Last week, PLF attorneys filed an amicus brief on behalf of PLF, the Cato Institute, and Atlantic Legal Foundation in one of the most significant Takings Clause cases to reach the U.S. Supreme Court in recent years.  The case, Arkansas Game & Fish Commission v. United States, asks whether a temporary physical invasion of private ...

August 27, 2012

PLF asks Federal Circuit to reinstate Lake Michigan landowners’ takings claims

A taking occasioned by a gradual physical process, such as erosion or inundation, presents the landowner with a particularly difficult problem.  How can the owner comply with the 6 year statute of limitations for filing a taking claim against the federal government when he does not even know that his land is being taken?  PLF ...

January 14, 2013

Paul Beard and Coy Koontz on Fox News

Watch the latest video at video.foxnews.com ...

October 10, 2013

Fire, aim, ready!

Today, PLF filed a lawsuit in federal district court in California on behalf of Duarte Nursery, Inc., against the United States Army Corps of Engineers and officials of the Central Valley Regional Water Quality Control Board.  The suit alleges that both of these agencies violated Duarte's constitutional rights to due process of law, by issuing ...

October 18, 2013

California supreme court: affordable housing mandates are exactions

Yesterday the California Supreme Court decided an important case in the field of exactions law, Sterling Park v. City of Palo Alto.  The issue in the case was in a sense rather mundane: what is the deadline for filing suit to challenge an affordable housing set aside as a condition of a development permit?  But ...

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