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Tag: takings clause

January 04, 2019

Former homeowner fights Gratiot County’s theft of home

In 2017, officials in Gratiot County, Michigan, seized Donald Freed's $97,000 home to pay an overdue tax debt of $1,100. The county sold his property at auction for $42,000 and kept all of the proceeds from the sale. Shockingly Michigan’s property tax law requires this all-too-common practice. It's a nice racket for the county, which ...

October 25, 2018

PLF urges SCOTUS review of Hurricane Katrina flooding case

By any measure, Hurricane Katrina was a disastrous natural catastrophe. But for many landowners in St. Bernard Parish, what might have been a damaging but survivable storm was transformed into total devastation by a series of government actions and omissions stretching back decades. Last week, we filed this amicus brief asking the Supreme Court to ...

September 22, 2017

PLF asks Supreme Court to secure property owners’ path to takings claim

This week, PLF filed this amicus brief in Beach Group Investments, Inc. v. Florida Department of Environmental Protection.  This case raises yet another example of how the lower courts are struggling to interpret the Supreme Court's "final decision ripeness" rule in takings claims. The takings ripeness doctrine requires a final administrative deci ...

September 13, 2017

Ninth Circuit schedules hearing in union access case

The United States Court of Appeals for the Ninth Circuit recently announced that it will hear oral argument in the Cedar Point Nursery v. Gould on November 17 in San Francisco. In that case, PLF represents California citrus growers in their constitutional challenge to a law that forces them to give up their property for the benefit of union organi ...

July 07, 2017

Government evades property rights by stalling

For an example of how impossible it can be for property owners to ripen (i.e., get a court to hear) a takings claim, look no further than the decision today in GolfRock, LLC v. Lee County.  Even when the government regulates away the use of your land, it can sometimes be very difficult to get courts ...

March 22, 2017

Briefing complete in challenge to access regulation

We recently filed our Ninth Circuit reply brief in Cedar Point Nursery v. Gould. The case involves a challenge to the Agricultural Labor Relations Board’s access regulation, which allows union activists to invade private property for three hours a day and 120 days per year. In its opposition brief, the ALRB argued that the access regulation ...

June 17, 2016

Weekly litigation report — June 17, 2016

Property rights — limits on the public trust doctrine The Washington state court of appeals issued this opinion on the “public trust doctrine” in Chelan Basin Conservancy v. GBI Holdings.  The facts here involved a lake that had been raised 21 feet by a dam in the 1920s. GBI owned several acres of land that periodically flooded ...

June 16, 2016

Challenge to Washington, D.C.’s tax scheme moves forward

This week, in Coleman v. District of Columbia, a federal district court held that the plaintiffs have grounds to bring their Fifth Amendment challenge to the District of Columbia's taking of their property under its former tax-foreclosure scheme. Liberty Blog readers may recall that PLF filed a friend-of-the-court brief in support of Benjamin Co ...

December 23, 2015

PLF gives the Forest Service credit where it is due

We have written (and litigated) at length about the errors of the United States Forest Service, whether that be on forest access, ongoing water rights infringements, or the fire risk that the agency is imposing on its neighboring land owners. So, when the agency does something right, however small, we are obliged to acknowledge it. Last ...

November 16, 2015

DC doubling down on dispossessed catches attention of the Washington Post

Late last week the Washington Post published an article by Todd Gaziano of our DC office and me, called D.C. doubles down on the dispossessed. We wrote about Benjamin Coleman and other dispossessed homeowners' class-action lawsuit against the District of Columbia. Coleman, an elderly veteran who suffers from dementia, lost his home, which the tax ...