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California Poised to Enact New Housing Production Laws Despite NIMBY Opposition

Despite hyperbolic and misleading criticism from various NIMBY groups, California is one step closer to important new state-level land use and housing reform. Contrary to bald statements that these bills would “crush”...more

9/2/2021  /  California , Private Property

Supreme Court Issues Another Important Property Rights Decision

On June 28, 2021, the Supreme Court issued Pakdel v. City and County of San Francisco, 594 U.S. ____ (2021), a unanimous per curiam opinion vacating a ruling by the Ninth Circuit in favor of the City and County of San...more

Santa Barbara Liable for Taking Private Property When its Permit Denial Made Clear no Development Would be Allowed

In a case that exists only because of the choices a city made in both application decision-making and litigation, the Second District Court of Appeal held, in Felkay v. City of Santa Barbara, __ Cal.App.5th __ (2021), that...more

Supreme Court Wrestles with Line Drawing in an Important Property Rights Case Addressing Physical Taking Rules in the Context of...

During California’s strawberry harvesting season in the summer of 2015, union activists entered a nursery’s property under the authority granted by a California regulation that allows union organizers to enter the private...more

Supreme Court Decides to Hear Important Property Rights Case Addressing Whether Time-Limited Easements Are a Physical Taking Under...

On November 13, 2020, the U.S. Supreme Court issued an order granting certiorari in Cedar Point Nursery v. Hassid. The question presented in the successful cert petition is “whether the uncompensated appropriation of an...more

Amy Coney Barrett and Property Rights

Judge Amy Coney Barrett was nominated, for a reason, to replace the late Justice Ruth Bader Ginsburg as an Associate U.S. Supreme Court Justice. As other commenters have noted, a Justice Barrett is expected to move the Court...more

Ninth Circuit: “Access Regulation” Allowing Union Organizing Activities on Employers’ Private Property is Not a Fifth Amendment...

On May 8, 2019, in Cedar Point Nursery v. Shiroma, __ F.3d __ (Case No. 16-16321) (2019), a 2-1 Ninth Circuit panel majority held that a California regulation allowing union organizers access to agricultural employees on...more

House of Representatives Again Passes Private Property Rights Protection Act

On July 23, 2018, the U.S. House of Representatives unanimously passed the Private Property Rights Protection Act of 2017 (H.R. 1689). Sponsored by Wisconsin Congressman F. James Sensenbrenner, Jr. and California...more

City of Oakland’s Building Code Appeal Process Violates State Law and Infringes Private Property Rights the State of California...

The law has many terms for the word “fairness,” including due process, good faith, neutral and unbiased. And among the basic principles of fairness, the Latin maxim “nemo debet esse judex in propria causa” stands out. It...more

Murr Epilogue: Wisconsin Lawmakers Pass “Homeowners Bill of Rights,” Effectively Reversing Flawed U.S. Supreme Court Decision

Early last summer the U.S. Supreme Court released its long-awaited, and deeply flawed decision in Murr v. Wisconsin, __ U.S. __ (2017). We wrote about this unfortunate new takings case here and in “Missed Opportunity In...more

Kelo Gives a Reasonable and Long-Accepted Reading of the Fifth Amendment, but it Remains one of the Supreme Court’s Worst...

In 2005, the United States Supreme Court decided in Kelo v. City of New London, 545 U.S. 469 (2005), that the Constitution allows the government to take private property through eminent domain for the purpose of “economic...more

Impairment of Views From (or to) Private Property Does Not Constitute a Taking Requiring the Payment of Just Compensation

On April 26, 2016, in Boxer v. City of Beverly Hills (Case No.B258459), the Second District Court of Appeal roundly rejecting a takings lawsuit premised on alleged impairment of private views and speculative risk of fire...more

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