Articles

Rails-to-trails returns to the U.S. Supreme Court

October 01, 2013 | By BRIAN HODGES

Earlier today, the U.S. Supreme Court decided to grant review of the important property rights case, Marvin M. Brandt Revocable Trust v. United States. The case arises from the federal government’s “Rails-to-Trails” program, which seeks to convert old, abandoned railroad tracks into recreational trails. As nice as that program may ...

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President's weekly report — October 4, 2013

October 04, 2013 | By ROB RIVETT

Economic Liberty — Right to Earn a Living We filed our opening brief in the Ninth Circuit in Underwood v. Mackay, our challenge to the Nevada laws that establish a cartel of moving companies by forbidding new moving companies if they would compete against existing companies.  As we explained in this blog post, the trial court dismissed U ...

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PLF files amicus brief in U.S. Supreme Court rails-to-trails case

November 22, 2013 | By BRIAN HODGES

Earlier today, PLF filed its amicus brief in the U.S. Supreme Court case, Marvin M. Brandt Revocable Trust v. United States. The case arises from the federal government’s “Rails-to-Trails” program, which seeks to convert old, abandoned railroad tracks into recreational trails. As nice as that program may sound, there is a problem ...

Articles

President's weekly report — November 22, 2013

November 22, 2013 | By ROB RIVETT

Free Enterprise Project — the Yogurt – Yoga – Work connection We filed this amicus brief in Moradi v. Marsh, where we are asking the California Supreme Court to take up the enigmatic work-to-yogurt-to-yoga connection.  In this case an employee used her automobile for work related activities.  At the end of her work day, she cha ...

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U.S. Supreme Court upholds property rights in rails-to-trails case

March 10, 2014 | By BRIAN HODGES

Earlier today, the U.S. Supreme Court issued its decision in the “rails-to-trails” property rights case, Marvin M. Brandt Revocable Trust v. United States—a case in which PLF attorneys participated as an amicus curiae. By an 8-1 margin, the Court ruled in favor of the property owner, upholding one of the most important and fundamental ...

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President's weekly report — March 14, 2014

March 14, 2014 | By ROB RIVETT

Property Rights — Supreme Court Victory! The United States Supreme Court handed down an 8 – 1 victory in Brandt v. United States, a case brought and argued by our allies at Mountain States Legal Foundation.  As explained more in our blog here and in our amicus brief,  Brandt involved an attempt by the United States … ...

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Private property versus public recreation : the debate continues

April 29, 2014 | By BRIAN HODGES

Earlier this month, I published a guest column about the recent U.S. Supreme Court decision Marvin M. Brandt Revocable Trust v. United States with Jurist, an online journal run by the University of Pittsburgh School of Law. The article takes on critics who believe that judicial respect for private property rights will spell doom for … ...

Articles

The rails-to-trails anniversary

March 10, 2015 | By WENCONG FA

Today is the anniversary of Marvin M. Brandt v. United States, more commonly known as the rails-to-trails case. In that case, PLF supported a property owner in a dispute over a proposed bicycle trail that would have split his land. … ...

Articles

Why juries matter when you’re up against the government

December 14, 2017 | By ETHAN BLEVINS

If the federal government takes your property, who would you want to decide how much it owes you: the government that took your stuff or a jury of your peers? … ...