Private Property Rights

News & Analysis as of

Guns In The Workplace Versus Employer’s Property Rights

There is a growing trend of state laws prohibiting employers from banning firearms on employers’ property. These laws are otherwise known as “parking lot laws.” At the state level, more and more states appear prepared to...more

Today’s Special: What May Be on Your Hospital Cafeteria Menu Soon

On November 14, 2014, an Administrative Law Judge fired another round in the continuing skirmish between the National Labor Relations Board (NLRB) and the federal courts over the rights of union representatives to enter an...more

Utah Federal Court Strikes Down as Unconstitutional a Regulation Under the Endangered Species Act Protecting Utah Prairie Dogs on...

The Utah Prairie Dog is a species that exists only in Utah, where it lives on both federal and private land. The species is listed as threatened under the federal Endangered Species Act of 1973, and a federal regulation...more

Ownership of Michigan Islands

Islands, large and small, can be found in many of Michigan's rivers and inland lakes. Some islands are just large enough to support a couple of trees and others boast spectacular homes or resorts. Big or small, islands are...more

Retail's Best Kept Secret against Non-Employee (Union or Otherwise) Protestors? Property Rights and an Evenly Enforced Policy...

As the holiday season approaches, non-employee protestors, labor organizers or otherwise, often target retailers in an effort to maximize the reach of their message due to the high foot traffic experienced at retail...more

Resource Update: NLRB's Continuing Expansion of Off-Duty Access Rights

Since the U.S. Supreme Court's landmark decision in Republic Aviation v. NLRB almost seventy years ago, courts and the National Labor Relations Board have been weighing employers' property rights against union rights under...more

Suit by Denton, Texas, Royalty Interest Owners Could be Harbinger of More Suits If Proposed Hydraulic Fracturing Ban Passes

Ahead of the November 4th vote that could make it the first city in Texas to ban hydraulic fracturing, the City of Denton has been sued by a group of royalty interest owners claiming that the city’s current temporary ban...more

Magic Words to Preserve an Interest in an IRU?

Previously on this Law Advisor, I questioned whether an IRU is really an IRU. In particular, after peeling back the layer of the IRU onion, what really is it? I suggested that an IRU is a capital lease with the right to quiet...more

Privacy or Property? Arizona Court Adopts Post-Mortem Right of Publicity In Intra-Family Online Dispute

The right of publicity, i.e., the right not to have others appropriate your name or image for commercial purposes, is an odd duck. It was described by Professor Prosser in 1960, and later in the Restatement of Torts, as of...more

French Constitutional Court Rules on the “Florange” Law

Court upholds some of the law’s requirements but deems provisions on sanctions to be unconstitutional. The French Constitutional Court rendered an important decision on 27 March regarding the validity of the so-called...more

Court of Appeal confirms that information is not property

In a recent judgement, the Court of Appeal of England and Wales held that an electronic database was not a chose in possession or a chattel but a chose in action (see our earlier blog regarding the grant of leave to appeal in...more

Requiring Landowners To Dedicate An "Overflight" Easement Is Not A Taking, Even When All An Owner Seeks Is A Minor Building Permit

The United States Supreme Court decisions in Nollan and Dolan provide landowners with a useful tool for seeking compensation when government agencies use their land use authority to exact valuable property rights and other...more

CIS Legal Update - September 2013: The Supreme Arbitrazh Court Provides Case Studies on Defending Property Rights

In defending their property rights in the Russian Federation (the “RF”), plaintiffs sometimes fail to either establish the appropriate legal means to pursue a claim in court or correctly identify the defendant. In an attempt...more

Extort Me Not: Supreme Court Expands Protections for Permit Applicants Under the Takings Clause

The high court’s decision in Koontz v. St. John’s River Water Management District extends the landmark decisions in Nollan and Dolan, which set standards on when an agency can condition a land use permit on the relinquishment...more

Environmental Law Alert - June 2013: Environmental Cases Decided by the Supreme Court During its Recent Term

Although the Supreme Court’s decisions regarding the Voting Rights Act, affirmative action, and gay marriage earned most of the attention during the 2012-2013 term, a number of significant decisions with regard to...more

Supreme Court Renders Third Ruling in its Property Rights Trilogy: Koontz v. St. Johns River Water Management District

The Supreme Court of the United States today in a 5-4 decision written by Justice Alito reversed the Florida Supreme Court in Koontz v. St. Johns River Water Management District, holding that the Government cannot condition...more

What Happened to Williamson County?

In 1985, the U.S. Supreme Court issued Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172, a landmark decision (as Supreme Court decisions often are) that drastically slashed the...more

The Supreme Court Holds the Just Compensation Clause Can Be Used as a Defense

Until this week, it had almost become a truism that the Just Compensation Clause only required that the Government pay for whatever property it took, and imposed no other restrictions. That is, the Just Compensation Clause...more

Co-Op Has No Capacity to Sue for Alleged Taking

Identifying a protected property right is critical in takings litigation in the U.S. Court of Federal Claims—but it is rare for a case to turn on the identity of the plaintiff, rather than the identity of the property. In...more

House Subcommittee Approves Bill to Limit Power of Eminent Domain

The House of Representatives has once again resurrected the "Private Property Rights Protection Act" (HR 1944), a bill that would limit the power of eminent domain on a nationwide scale. I say once again, because as we...more

Pipeline Loses Effort To Condemn Private Land

Private property rights advocates scored a big victory in a Texas condemnation case in the ongoing battle between pipelines and landowners over the power of eminent domain. (See our last post for a decision with the opposite...more

Keystone XL Can Take Land Before Appeals Are Exhausted

Two recent cases from the same Texas court reflect the ongoing uncertainty over the threat to private property rights posed by the Keystone XL and other pipelines....more

CFC Rules That Res Judicata Defeats Government Argument That No Property Interest Exists for Purposes of Takings Law

In Simonson v. United States (April 4, 2013), the U.S. Court of Federal Claims considered whether the Government’s argument that the plaintiffs did not have a compensable property interest for purposes of a takings claim...more

Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes - [Video]

We have all heard the popular adage: "the whole is greater than the sum of the parts." Can we ever say that the parts, when divided, are greater than their assembled whole? In relation to the issue of genetic patentability,...more

Article of Interest: Why Property Rights Are Important

Professor Donald Kochan provides a cogent and insightful discussion of the importance of property rights in a recently published article entitled The Property Platform in Anglo-American Law and the Primacy of the Property...more

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