July 9, 2019 | Property Rights
Texas files eminent domain lawsuit to pull 2.5 acres from Cowboys Dancehall
SAN ANTONIO — Even when a honky-tonk hall is closed, a different type of "honk" fills the air.Traffic - and a lot of it - surrounds Cowboys Dancehall. The 16-acre property sits between Austin Highway, I-35, and the 410 Loop. I-35 is notorious for congestion and crashes during rush hour, but a change to the iconic San Antonio dance hall could change all that...
July 2, 2019 | Property Rights
After 6-Year Battle, Florida Couple Wins The Right To Plant Veggies In Front Yard
Okra. Bell peppers. Cherry tomatoes. Jalapeños and squash.Those are some of the vegetables that Hermine Ricketts and her husband, Tom Carroll, planted in front of their home in Miami Shores, Fla., on Monday.That's the day a Florida law went into effect that nullifies local bans on vegetable gardens at residential properties. It was one of those ordinances that had forced the couple to uproot a garden that Ricketts had tended for 17 years...
June 22, 2019 | Property Rights
Supreme Court Overturns Precedent In Property Rights Case — A Sign Of Things To Come?
A sharply divided U.S. Supreme Court ruled Friday that property owners can go directly to federal court with claims that state and local regulations effectively deprive landowners of the use of their property.The 5-4 decision overturned decades of precedent that barred property owners from going to federal court until their claims had been denied in state court...
June 20, 2019 | Property Rights
Restrictions in the works for property rights, nightly rentals
Moab’s growing pains may soon be yours if you own real estate in the county.Temporary moratoria have halted new overnight lodging project applications in Moab and Grand County. With the deadline looming for the county moratorium’s expiration in August, county agencies are moving to implement sweeping changes to commercial and residential property rights...
June 6, 2019 | Property Rights
Ohioans say land seizure for pipeline violates property rights
Ohio landowners say they were coerced by a federal agency to sell their property for the construction of an export pipeline. They argue this use of eminent domain, the seizure of private property for public use, violates constitutional rights...
June 5, 2019 | Property Rights
Does climate change violate children’s right to life, liberty and property? A U.S. court may decide
In a courtroom packed with environmental activists, federal judges grappled Tuesday with whether climate change violates the constitutional rights of young people who have sued the U.S. government over the use of fossil fuels. A Justice Department attorney warned three judges from the 9th U.S. Circuit Court of Appeals that allowing the case to go to trial would be unprecedented and open the doors to more lawsuits...Read Full Article >>
May 27, 2019 | Property Rights
Proposed short-term rental regulations ‘take away property rights,’ Spanish Town residents say
While residents in the Spanish Town Historic District want the city-parish to regulate the short-term rentals in their neighborhood, a proposed ordinance that surfaced recently is not what they had in mind...
May 8, 2019 | Property Rights
Court upholds California farmworker union’s right to enter growers’ property
A divided federal appeals court upheld California farm labor regulations Wednesday that allow union organizers to enter growers’ properties at specific times — before and after work and during the lunch hour — to talk to workers...
May 4, 2019 | Property Rights
Property owners protest use of eminent domain for pipelines
FALLS CHURCH, Va. (AP) -- Much to Gary Erb's chagrin, a natural gas pipeline now cuts across his 72-acre homestead in Conestoga Township, Pennsylvania.To his even greater chagrin, he remains unpaid for the 6 acres (2.4 hectares) of land that were taken from him under eminent domain to build the pipeline.With the help of a Virginia-based legal group, he is petitioning the U.S. Supreme Court to end what he and his lawyers say has become a common practice in the pipeline industry: taking the land first, and paying later...
April 26, 2019 | Property Rights
Days ahead of next round of talks, US slams China for ‘failure’ on intellectual property reform
China continues to engage in “unfair and harmful conduct” that damages US intellectual property rights, despite some limited areas of IP protection reform, the US government announced on Thursday.The Asian country, with which the US is engaged in a months-long, multibillion-dollar trade war, will remain on Washington’s “priority watch list” for IP protection infringement, according to a report issued by the Office of the United States Trade Representative (USTR)...
April 12, 2019 | Property Rights
Short-term vacation rentals are all about property rights. But whose?
Jennifer Riley has lived for the past four years in a residential area a few blocks away from the water in Indian Rocks Beach in Pinellas County.For the first two years she loved living in the community – but no more.She’s been dealing with short-term renters in the neighborhood who play loud music, party deep into the wee hours of the morning, and even threaten her.“I had one guy. It was after 10 p.m. and we called the police and so he came over, and he looked at my boyfriend and he said, ‘You know what the bad thing is? I know where you live. You don’t know where I live,’” Riley recalls...
April 8, 2019 | Property Rights
Eminent domain bills look to back landowners in rural areas
ODESSA, Texas (BIG 2 / FOX 24) - Two bills going through legislature over in Austin could change the way energy companies and land owners interact. Many people are reaping the benefits of the booming oil economy and some lawmakers want to make sure homeowners are not being stepped on. Sen. Lois Kolkhorst, R-Brenham, and Rep. DeWayne Burns, R-Cleburne, filed legislation back in January to reform the current process of eminent domain...
April 1, 2019 | Property Rights
Private property rights at center of vacation rental regulation debate
Miles Conway bought what he thought was a secluded slice of paradise on Hutchinson Island just over the Indian River County line. But the unspoiled barrier island is being ruined by a wave of unregulated vacation rental properties, he said.These unlicensed and unregulated vacation rentals are popping up on both sides of the Indian River Lagoon, he said...
March 25, 2019 | Property Rights
Eminent domain threatened in Santa Cruz highway widening plans
SANTA CRUZ — The City Council on Tuesday will consider taking the rare step of forcing a private River Street property owner to sell the city two properties integral to a planned highway interchange road widening project.The Santa Cruz Public Works Department is attempting to position the city to receive state funding that would add lanes at the heavily trafficked intersection of Highway 1 and Highway 9...
March 19, 2019 | Property Rights
Jury awards $305K to Kokomo Glass in eminent domain dispute
A Howard County jury last week awarded a longtime local business hundreds of thousands of dollars in an eminent domain case involving the city of Kokomo and its downtown development efforts.A jury in Howard Superior Court 2 on Friday awarded $305,600 to the family that owns Kokomo Glass Shop Inc. for “the … property owner’s damages” after city officials in December 2016 initiated eminent domain to obtain property at 226 S. Main St.Court documents show the site held “storage and manufacturing for the glass company,” while its showroom and salesroom was located across the street at 226 S. Union St...
March 12, 2019 | Property Rights
Town of Tonawanda to seek control of Huntley plant through eminent domain
The Town of Tonawanda plans to launch a legal effort to take over the closed Huntley Generating Station from its owner. The Town Board at its March 25 meeting is planning to vote to begin eminent domain proceedings against NRG Energy, Supervisor Joseph Emminger said Monday. Huntley closed in 2016 and the property is for sale but NRG still provides untreated water to local industrial customers. Tonawanda officials want to ensure that continues. Emminger said those agreements expire this year...
March 6, 2019 | Property Rights
LA settles homeless property rights case
In a rare non-unanimous decision, the Los Angeles City Council voted 10-2 Wednesday to settle a court case with broad implications for the property rights of homeless residents.
The terms of the agreement have not been released, but by settling the lawsuit, an injunction issued in 2016 that prevents police and city workers from confiscating without notice the possessions of homeless residents in the Skid Row area will remain in place...
March 1, 2019 | Property Rights
Western North Dakota landowners call property rights bill ‘offensive’
Western North Dakota landowners lined up Friday to testify against an energy bill they called an “offensive” taking of private property rights, while supporters said there’s a misunderstanding of the bill’s intention.
Sponsors of Senate Bill 2344 say it seeks to clarify issues related to pore space, or the cavity or void in an underground formation...
February 20, 2019 | Property Rights
U.S. Supreme Court: Range Rover seizure violated protections against excessive fines
The Supreme Court of the United States ruled police in Indiana acted improperly when they seized a $42,000 Range Rover from a man who sold a small amount of heroin — a decision that threatens some of the hundreds of millions of dollars in property seizures annually by police across the country...
February 18, 2019 | Property Rights
Property rights, hunting addressed in ND legislature
BISMARCK, N.D. - It's been a long tug of war between hunter and landowner. Lawmakers are putting together a bill they believe will benefit both.
Senate bill 2315 has the hunter needing to ask permission to hunt posted land, but this time law makers are implementing technology to do the job. Land ownership will be coded green (available for hunting), yellow (you must get permission), or red (no hunting allowed)...
February 13, 2019 | Property Rights
Police can’t seize property until conviction under bill passed by Senate
LANSING — Police and prosecutors would be prohibited from seizing cash and property from people accused of a crime until they are convicted on the charges under a bill passed in the state Senate on Wednesday.
The bill — SB 2 — is a retread from the last legislative session when then-state Rep. Peter Lucido's similar bill passed the House but never got a vote in the Senate...
February 5, 2019 | Property Rights
Mississippi won’t reinstate law allowing no-judge seizures
JACKSON, Miss. (AP) — Mississippi lawmakers have rejected plans to allow police to resume seizing cash, guns and vehicles without going before a judge, agreeing with civil liberties advocates that the practice was unjust.
House Judiciary A Committee Chairman Mark Baker said his committee won't consider House Bill 1104 , which would have reinstated a previous law. That means it dies at a Tuesday deadline for legislation to advance out of committee. The Brandon Republican, who's running for attorney general, said House leaders decided not to move forward with the proposal...
January 29, 2019 | Property Rights
Michigan Supreme Court Agrees to Hear Property Tax Case
The Michigan Supreme Court agreed to hear a case later this year over government officials having confiscated a man’s property for $8.41 in unpaid interest on taxes and kept the $24,500 it fetched at auction.
Uri Rafaeli failed to pay the interest owed on property taxes for a rental property several years ago. Oakland County, Michigan eventually foreclosed on his property for the $8.41 plus $277 in additional interest and fees. The county sold his property at an auction in 2014 for $24,500 and kept the whole amount...
January 18, 2019 | Property Rights
Wyoming Introduces Bill Offering Cryptocurrencies Legal Clarity To Attract Blockchain Business
In a significant move for the advancement and legitimization of cryptocurrencies and blockchain businesses in the United States, Wyoming has introduced a bill that aims to clarify the legal position of digital assets, as well as offer digital asset custody through banks rather than financial institutions.
The Bill offers three classifications of digital assets; digital securities, digital assets, and most importantly, virtual currencies which give cryptocurrencies the same treatment as money within the state...
January 20, 2019 | Property Rights
They were acquitted of drug trafficking, but Uncle Sam wants to keep their property anyway
Jerry Shults and his daughter, Amy Herrig, were recently acquitted of drug trafficking charges, but the government is not done with them yet: It wants to take much of their money and property using controversial federal forfeiture laws...
December 11, 2018 | Property Rights
In Georgia, water rollback divides on property rights vs. environment
Some of Georgia’s top Republican elected officials, agricultural organizations and business development groups cheered the Trump administration’s move Tuesday to roll back a sweeping Obama-era clean water regulation aimed at protecting tributaries to navigable waterways...
December 4, 2018 | Property Rights
John Bolton: US may ban imports from China that rely on stolen intellectual property
National security adviser John Bolton suggested Tuesday that the White House could seek to bar any imports from China that employ stolen intellectual property from American businesses…
November 29, 2018 | Property Rights
9 charged with selling Samsung’s inernational property, report says
Nine people face charges for allegedly selling Samsung’s curved-edge display technology…
November 29, 2018 | Property Rights
Canton tree dispute fuels property rights fight with lawsuits, proposed state law
A dispute between Canton Township and two brothers accused of illegally clearing trees…
November 27, 2018 | Property Rights
Algonquin to start eminent domain proceedings to acquire land for roundabout
The village of Algonquin will start eminent domain proceedings to try to acquire private property and construct a roundabout…
November 27, 2018 | Property Rights
Eminent domain fight looms in Hopedale over former mill site
The town of Hopedale was originally established as a utopian community, built to honor Christian ideals. But there’s nothing particularly utopian about how efforts to revive this Central Massachusetts municipality’s downtown are playing out…
November 27, 2018 | Property Rights
Supreme Court Orders Review of Agency’s Frog-Habitat Designation
The Supreme Court gave Weyerhaeuser Co. another chance Tuesday to possibly develop a Louisiana timber farm, which could doom an endangered species of frog, telling a lower court to review the government’s decision to designate the land as critical habitat...
November 19, 2018 | Property Rights
Judges question seizure of AC property through eminent domain
It was back to court for the Birnbaums…
- Private Property Rights
- MGM Studios v. Grokster (2005)
- Lucas v. South Carolina Coastal Commission (1992)
- The United States v. Causby (1946)
- Quincy Railways v. Chicago (1897)
- Property Rights and the Supreme Court
- Internet Copyright and Piracy Bills
- Stand Your Ground and Castle Doctrine Laws
- Searching for the Fourth Amendment
- Unlocking your Cellphone: Property Rights in the Digital Age
- Civil Asset Forfeiture: Is it Constitutional?
- Should the Government Regulate the Internet?