Posts Categorized: Land Use Law

Property Rights Lawyer Tim Kassouni Sends Letter to Association of Bay Area Governments and the Metropolitan Transportation Commission

On May 15th, the Sacramento Land Use Lawyers at Kassouni Law sent a letter to the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) on behalf of Freedom Advocates and the Post Sustainability Institute, both of which are non-profit organizations dedicated to the preservation of private property rights, consistent with the Fifth and… Read more »

Supreme Court to Determine the Constitutionality of the Federal Government’s “Rails to Trails” Land Grab

Under the “Rails to Trails” program, the Federal government has begun converting abandoned railroad tracks into hiking and biking trails for the public. While this may seem like a noble endeavor, there is one major problem: the land the trails run through doesn’t belong to the federal government. In the nineteenth and early twentieth century when… Read more »

Kassouni Law Prompts Court Decision Changing California Constitutional Property Rights Law

San Francisco, CA August 26, 2013 On August 21, 2013 the California Supreme Court let stand a precedent setting, landmark property rights decision issued by the Court of Appeal which has changed property rights law. Business and property owners now have added Constitutional protection from project development delays and overzealous government regulation, signaling a new… Read more »

Timothy Kassouni Chosen as Expert Land Use Lawyer Seminar Speaker

August 19, 2013 Call in from Anywhere! 1-2 pm Pacific – 4-5 pm Eastern Owner and Managing partner at Kassouni Law, Timothy Kassouni has been chosen to speak for Law Seminars International on the topic of Land Use Law and Regulatory Takings. To register for the Regulatory Takings Seminar click here. A Synopsis of the… Read more »

Lockaway v. Alameda: Kassouni Law Prevails in $2 Million Land Use Case

County of Alameda Must Pay Storage Facility Company $2 Million In Damages and Attorney’s Fees For Violation of Constitutional Property Rights Court of Appeal in San Francisco labels County’s legal position “nonsensical and convoluted;” taxpayers on the hook due to government ineptitude. Kassouni Law announces major property rights victory. “Government officials for too long have… Read more »

The Ripeness Doctrine—A Brief Primer

“This article discusses another vitally important procedural requirement which property owners must satisfy before their property rights claim may be heard by the courts.  This is a requirement called “ripeness.”  In short, the “ripeness doctrine” means that the government must have reached a final determination of the allowable use of property before a claim will… Read more »

United States Supreme Court Confirms Right Of Just Compensation For Temporary Physical Invasions

In a unanimous 8-0 ruling, the United States Supreme Court today confirmed that the Fifth Amendment mandates the payment of just compensation for permanent as well as temporary physical invasions of property. Back in 1987, the United States Supreme Court confirmed that just compensation is required for a permanent or temporary regulatory taking in First… Read more »

Ninth Circuit Court of Appeals Muddies the Substantive Due Process Waters; Supreme Court Asked to Intervene

     There are two fundamental sources of   property rights protection in the Federal Constitution.  The Fifth Amendment provides in part that private property shall not be taken for public use without just compensation.  In addition, the due process clause requires that land use laws and regulations substantially advance legitimate governmental objectives. Land use lawyers recognize… Read more »