A property owner may believe the government has gone too far. A zoning restriction, permit denial, or development condition may appear to eliminate the property’s value or prevent any reasonable use. The owner may want to bring a constitutional takings claim immediately. But a potential taking is only part of the analysis. In a regulatory… Read more »
Government regulations can restrict what a property owner may build, develop, or do on private land. Most restrictions do not rise to the level of a constitutional taking. Some, however, may go so far that they interfere with property rights to an extent that requires compensation. That raises an important question when the restriction is… Read more »
Government agencies in California exercise significant power over people’s lives. A city can deny a permit. A county can order a property demolished. Police can make an arrest. Code enforcement can shut down a business. Not every exercise of that power is lawful. But an unlawful government decision is not automatically a civil rights violation…. Read more »
Many California property owners think of constitutional rights in broad terms. These protections can involve property rights, due process, and limits on government power. However, two constitutional frameworks may apply to these issues: the United States Constitution and the California Constitution. In many situations, the California Constitution provides broader protections. That distinction is not merely… Read more »
Government authority in the United States is not unlimited. The federal government operates within the powers the Constitution grants to it. State governments exercise broad authority, but they operate within both the federal Constitution and their own state constitutions. Local governments in California exercise only the authority state law grants to them. That structure of… Read more »
When a government official violates your constitutional rights, the harm is not necessarily addressed through the criminal system. Federal civil rights law provides a separate mechanism: a civil lawsuit filed directly against the government actor responsible. That mechanism is codified at 42 U.S.C. § 1983. Section 1983 is not a law that creates constitutional rights…. Read more »
Defending individual liberty, constitutional protections, and private rights from government overreach, arbitrary enforcement, and regulatory abuse. Civil rights protect individuals and businesses from unlawful government action, abuse of authority, and violations of core constitutional freedoms. When a public agency, building inspector, school district, municipality, or state actor interferes with your protected liberties, the impact on… Read more »
