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Weekly litigation update — November 18, 2017

November 18, 2017 | By JAMES BURLING

Supreme Court to hear PLF's First Amendment challenge to political apparel ban PLF presents oral argument on challenge to access regulation in the Ninth Circuit Since the Feds get to regulate "species" and "subspecies," shouldn't we have an understandable definition of "species" and "subspecies"? If seaweed is private property, that's ...

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Weekly litigation report — June 17, 2017

June 17, 2017 | By JAMES BURLING

Interior Secretary Zinke Recommends Bears Ears Reduction Indian River County School Board responds to public outcry, but continues to ignore First Amendment California Supreme Court protects private property Class Action action Florida family loses property rights' case in Florida appellate court Telling truth to tort Supreme ...

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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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Weekly litigation report — July 16, 2016

July 16, 2016 | By JAMES BURLING

Privacy and property rights  WOTUS at the Tenth Circuit District Court setback in anti-discrimination suit Procedural victory in Jaguar case Procedural victory from Ninth Circuit in sea otter case Defending property against made up public rights caption id="" align="alignright" width="254" James Otis defended privacy rights a ...

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State and local Indiana governments are hungry

March 27, 2015 | By MARK MILLER

caption id="attachment_36139" align="alignright" width="355" The State of Indiana and Town of Long Beach want to gobble private property for free. Photo licensed via a Creative Commons 2 license at Wiki Commons by Bobisbob./caption The shoreline of the Great Lakes has given rise to many interesting property rights disputes between property owner ...

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Holding the government accountable : 5-year reviews in the Endangered Species Act

August 15, 2014 | By MICHAEL BIDDLE

caption id="attachment_28402" align="alignright" width="254" James Madison/caption Time after time, the federal government refuses to follow the Endangered Species Act (ESA). The government designates land as "critical habitat" despite not meeting the ESA definition for critical habitat. And in another example, the government refuses to remove pla ...

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City tramples property rights

June 22, 2012 | By JENNIFER THOMPSON

Tulsa resident Denise Morrison is suing city officials after they tore up her garden because of alleged municipal code violations.  As this video reveals, however, Morrison had actually read the ordinance, solicited clarification on what specifically was wrong with her garden, and was preparing for a court hearing on the matter when the city cut d ...