Private Property Rights
Private Property Rights
What are our rights when it comes to Private Property? Explore how the Supreme Court has decided on the issue by examining these landmark cases.
United States v. Causby (1946)
The Court found a taking when low-flying jets at an airbase made farming impossible on nearby land even though the government never actually claimed the land itself. Read More.
United States v. Cors (1949)
The owner of a taken tugboat was not entitled to the market value at the time of the taking (during World War II) since the government’s need for the boat in the war inflated its price. Read More.
Loretto v. Teleprompter Manhattan (1982)
A New York law granted a cable company permanent access to parts of private apartment buildings. The Court found that partial takings had to be compensated for since the access was a physical invasion of the property. Read More.
Nolan v. California Coastal Commission (1987)
California could not require beachfront property owners seeking building permits to maintain a public walkway on their property as a condition of being granted a building permit. Read More.
Lucas v. South Carolina Coastal Commission (1992)
The owner of a beachfront property had to be compensated after a state law stopped all new construction on his property, because the law totally eliminated the land’s economic value. Read More.
Dolan v. City of Tigard (1994)
Cities could not require property owners to give up parts of their land for public use in order to receive permits to develop that land (in cases where the city’s demands had no connection with the development intended by the owner). Read More.
Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency (2002)
A temporary moratorium on new development did not constitute a partial taking of landowners’ property, and property owners were not entitled to compensation. Read More.
New London v. Kelo (2005)
Cities could take private property in order to turn it over to private developers, if the new development would result in greater revenue and benefits to the city. The Court held that if the transfer of property was for “public benefit,” it satisfied the Fifth Amendment’s “public use” requirement. Read More.
MGM Studios v. Grokster (2005)
Companies that produce file-sharing software could be held liable for copyright infringements resulting from the use of that software. Read More.
Palazzolo v. Rhode Island (2008)
A property owner who acquired title to a property after it was already subject to wetlands regulations could bring a takings claim under the Takings Clause of the Fifth Amendment. Read More.
Stop the Beach Renourishment Inc. v. Florida Department of Environmental Protection (2010)
The Supreme Court ruled in favor of the Florida Supreme Court, and held that it had not caused a “judicial taking.” The state was the owner of previously submerged land, even if that land came between a beachfront land owner and the water. Read More.
More of this Category
Assembly and Association
Discover landmark court cases where the right to peaceably assemble and associate was tested. The right to peaceably assemble is essential to the maintenance of a free government. Throughout American history, individuals have gathered to ensure their voice is heard by their government. Learn more by exploring these cases.
How has the Supreme Court defined the right to citizen juries? Explore these landmark Supreme Court cases to find out.
Criminal Procedure, Search and Seizure, and Due Process
How has the Supreme Court interpreted rights concerning criminal procedure, search and seizure, and due process? Explore these landmark Supreme Court cases to find out.
The division of power between national, state, and local governments is complex and not always clear. Explore these Supreme Court cases to learn how the court has interpreted this important political principle.
Freedom of Petition
How has the Supreme court interpreted the right to petition? The right to petition the government for a redress of grievances is protected by the first amendment. Explore these Supreme Court cases to learn more about this important right.
Freedom of Speech: Campaign Finance
Where does the right to free speech intersect with elections? Find out how the court ruled on this important constitutional question in these cases.
Freedom of Speech: Commercial
Do commercial organizations have free speech protections? Explore these landmark Supreme Court cases to find out how the court has interpreted this constitutional question.
Freedom of Speech: General
How has the Freedom of Speech been interpreted by the Supreme Court? Explore these landmark cases to better understand this important constitutional right.
Freedom of the Press
Explore various landmark court cases where the right to a free press was tested. Freedom of the Press is essential to the maintenance of free government and is guaranteed by the first amendment. Learn more about this right in the cases below.
How has the Supreme Court incorporated the Bill of Rights to the States? The process of incorporation has played out over many years and through many cases. Explore these landmark cases to learn more.