Can government force you to give up fundamental rights for a building permit?


Author: Paul J. Beard II We all know that government entities across the country are facing major budget deficits. We also know that governments often prefer to avoid the sort of belt-tightening that so many American families have been forced to do in recent years, and instead prefer to find clever ways of financing their … ...


Koontz oral argument : the importance of Nollan


In only four days the U.S. Supreme Court will hear oral arguments in PLF’s property rights case, Koontz.  In recent posts, we’ve argued that Supreme Court precedents set out in Nollan and Dolan should apply to Koontz.  Today and Monday we’ll take a closer look at the importance of those two cases. This post focuses … ...


Koontz oral argument : permit conditions and the right to vote

January 15, 2013 | By TIMOTHY SANDEFUR

In our recent posts about the Koontz case and the ways government forces property owners to hand over things in exchange for building permits, we’ve focused primarily on government demands for money or property. But government sometimes demands other rights. In fact, in one California community, officials tell property owners that if they wan ...


Meet the new AB 823 – worse than the old one

April 26, 2013 | By TONY FRANCOIS

California Assemlybill 823 (Eggman, D – Stockton) is the land grab bill that we have posted about here and here.  It has been scheduled twice for a committee hearing, and twice the author has cancelled the hearing.  This usually means that the author knows the bill will fail the committee vote absent an improved lobbying … ...


AB 823 held in Assembly committee without hearing

May 03, 2013 | By TONY FRANCOIS

California’s Assembly Bill 823 has had a busy couple of weeks, culminating in a victory for property rights.  After cancelling two scheduled hearings in the Assembly Natural Resources Committee, the author amended the bill last week.  While the amendments were apparently aimed at reducing opposition to the bill, Pacific Legal Foundation ...


PLF warns forest service not to take water rights

May 17, 2013 | By TONY FRANCOIS

Several of America’s best known ski areas operate on national forests under permits from the Forest Service.  They own private water rights to make snow as well as basic services at their ski lodges, restaurants, and hotels.  The ski areas did not get these water rights from the Forest Service, which cannot grant any water rights.  They ...


PLF files opening brief against housing exactions in California Supreme Court

December 11, 2013 | By TONY FRANCOIS

In July of this year, PLF petitioned the California Supreme Court to review a lower court opinion allowing the City of San Jose to essentially takeover 15% of all new homes as units for the city’s affordable housing program.  In September, the Court granted review, and yesterday PLF filed the opening brief on behalf of … ...


Appellate court ruling blesses extortionate land-use practices

January 17, 2014 | By JENNIFER THOMPSON

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, Scott and Lynn Powell, dedicate a public airspace easement above their property in exchange for a building permit.  The County insists they obtain thi ...


PLF scores another Koontz victory

April 30, 2014 | By PAUL BEARD

Today, the Florida Court of Appeal handed our client, Coy Koontz, Jr., an important victory following PLF’s U.S. Supreme Court win in this case last June. A three-judge panel of the Florida Court of Appeal held that the Koontz family is entitled to damages under Florida law for the period of time during which the St. … ...