Articles

Ninth Circuit passes on "entitlement" theory of property rights

July 10, 2013 | By BRIAN HODGES

The Ninth Circuit Court of Appeals issued an interesting opinion this week in Richter v. City of Des Moines, a case that centers on one shoreline property owner’s efforts to build a footpath connecting her house to the beach.  Property owner Maureen Richter sued the City of Des Moines (Washington) to recover damages for constitutional ̷ ...

Articles

PLF to Ninth Circuit : Owning land creates property interests protected by due process

September 06, 2012 | By BRIAN HODGES

The Fourteenth Amendment’s Due Process Clause says that no state shall deprive any person of property, without due process of law.  One question that sometimes comes up is, What is “property”?  It’s important to know the answer, because “property”—and the rights inherent in owning property—are protected by ...