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.

Seattle's Grand Bargain–a bargain for whom?

  The City of Seattle has proposed “The Grand Bargain” to fix its affordable housing crisis. The epic title doesn’t meet expectations. “The Grand Bargain” would force housing developers across the City to set … ›

The trial court wasn't interested, but maybe you'll be

Last week, the San Diego Superior Court denied PLF’s request to submit an amicus brief on behalf of the San Diego Port Tenants Association in San Diego Unified Port District v. California … ›

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 … ›

Fighting to protect San Juan property owners from land grab

Yesterday, PLF attorneys filed an amicus brief in support of San Juan County’s shoreline property owners in the case, Common Sense Alliance v. Growth Management Hearings Board. At issue is … ›

PLF to forest service: stop coveting private water rights

Last Friday Pacific Legal Foundation filed this comment letter with the United States Forest Service, in opposition to a proposed policy that would prevent the owners of private water rights from … ›

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 … ›

Heard through the grapevine: Ninth Circuit holds Koontz allows government price controls

Last week, the Ninth Circuit decided the remand of Horne v. USDA, the raisin case that the Supreme Court overturned last term. The case previously drew attention for what it … ›

Appellate court ruling blesses extortionate land-use practices

Yesterday, the California First District Court of Appeal ruled against us in Powell v. County of Humboldt.  This is the case challenging the County of Humboldt’s requirement that our clients, … ›

Brand Logo for the blog page

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.

Seattle's Grand Bargain–a bargain for whom?

  The City of Seattle has proposed “The Grand Bargain” to fix its affordable housing crisis. The epic title doesn’t meet expectations. “The Grand Bargain” would force housing developers across the City to set … ›

The trial court wasn't interested, but maybe you'll be

Last week, the San Diego Superior Court denied PLF’s request to submit an amicus brief on behalf of the San Diego Port Tenants Association in San Diego Unified Port District v. California … ›

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 … ›

Fighting to protect San Juan property owners from land grab

Yesterday, PLF attorneys filed an amicus brief in support of San Juan County’s shoreline property owners in the case, Common Sense Alliance v. Growth Management Hearings Board. At issue is … ›

PLF to forest service: stop coveting private water rights

Last Friday Pacific Legal Foundation filed this comment letter with the United States Forest Service, in opposition to a proposed policy that would prevent the owners of private water rights from … ›

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 … ›

Heard through the grapevine: Ninth Circuit holds Koontz allows government price controls

Last week, the Ninth Circuit decided the remand of Horne v. USDA, the raisin case that the Supreme Court overturned last term. The case previously drew attention for what it … ›

Appellate court ruling blesses extortionate land-use practices

Yesterday, the California First District Court of Appeal ruled against us in Powell v. County of Humboldt.  This is the case challenging the County of Humboldt’s requirement that our clients, … ›

The Morning Docket

Stay up to date with the Morning Docket, a weekly highlight of PLF's best articles, videos, and podcasts.

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.

Seattle's Grand Bargain–a bargain for whom?

  The City of Seattle has proposed “The Grand Bargain” to fix its affordable housing crisis. The epic title doesn’t meet expectations. “The Grand Bargain” would force housing developers across the City to set … ›

The trial court wasn't interested, but maybe you'll be

Last week, the San Diego Superior Court denied PLF’s request to submit an amicus brief on behalf of the San Diego Port Tenants Association in San Diego Unified Port District v. California … ›

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 … ›

Fighting to protect San Juan property owners from land grab

Yesterday, PLF attorneys filed an amicus brief in support of San Juan County’s shoreline property owners in the case, Common Sense Alliance v. Growth Management Hearings Board. At issue is … ›

PLF to forest service: stop coveting private water rights

Last Friday Pacific Legal Foundation filed this comment letter with the United States Forest Service, in opposition to a proposed policy that would prevent the owners of private water rights from … ›

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 … ›

Heard through the grapevine: Ninth Circuit holds Koontz allows government price controls

Last week, the Ninth Circuit decided the remand of Horne v. USDA, the raisin case that the Supreme Court overturned last term. The case previously drew attention for what it … ›

Appellate court ruling blesses extortionate land-use practices

Yesterday, the California First District Court of Appeal ruled against us in Powell v. County of Humboldt.  This is the case challenging the County of Humboldt’s requirement that our clients, … ›

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.

Seattle's Grand Bargain–a bargain for whom?

  The City of Seattle has proposed “The Grand Bargain” to fix its affordable housing crisis. The epic title doesn’t meet expectations. “The Grand Bargain” would force housing developers across the City to set … ›

The trial court wasn't interested, but maybe you'll be

Last week, the San Diego Superior Court denied PLF’s request to submit an amicus brief on behalf of the San Diego Port Tenants Association in San Diego Unified Port District v. California … ›

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 … ›

Fighting to protect San Juan property owners from land grab

Yesterday, PLF attorneys filed an amicus brief in support of San Juan County’s shoreline property owners in the case, Common Sense Alliance v. Growth Management Hearings Board. At issue is … ›

PLF to forest service: stop coveting private water rights

Last Friday Pacific Legal Foundation filed this comment letter with the United States Forest Service, in opposition to a proposed policy that would prevent the owners of private water rights from … ›

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 … ›

Heard through the grapevine: Ninth Circuit holds Koontz allows government price controls

Last week, the Ninth Circuit decided the remand of Horne v. USDA, the raisin case that the Supreme Court overturned last term. The case previously drew attention for what it … ›

Appellate court ruling blesses extortionate land-use practices

Yesterday, the California First District Court of Appeal ruled against us in Powell v. County of Humboldt.  This is the case challenging the County of Humboldt’s requirement that our clients, … ›