Posts Tagged: Constitutional property rights

The Situation With Clive Bundy In Nevada Shows The True Cost Of Government Regulations

To say that the situation in Nevada between federal officials and cattle rancher Clive Bundy has gotten out of hand would be an understatement. As of this morning, armed federal officials have seized Mr. Bundy’s cattle, forcibly arrested his son, and surrounded his ranch with armed federal agents. The Bundy’s, for their part, have assembled… Read more »

United States v. Apel is about property rights, not the First Amendment

Last week the United States Supreme Court heard oral arguments in United States v. Apel — a case which has a number of free speech advocacy groups up in arms. But as Justice Scalia repeatedly pointed out during oral argument, the First Amendment is not at issue in the case. To understand this confusion, a… Read more »

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 »

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

Land Use & Regulatory Takings Seminar: August 19, 2013 4-5 pm EST 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 Speaking Engagement:… 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 »

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 »

California Supreme Court Grants California Coastal Commission Jurisdiction Over Subdivisions

Last week the California Supreme Court in Palisades Bowl v. City of Los Angeles granted the Coastal Commission broad jurisdiction over paper subdivisions, even though the subdivision of property does not change the intensity or density of use, and does not meet the classic definition of “development” in the Coastal Act. The case originated when the… 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 »

United States Supreme Court To Review Florida Water District’s Extortionate Regulation Of Private Property

The United States Supreme Court recently granted review of a Florida state court case, St. Johns River Management District v. Koontz.  In this case, the property owner had for years sought to develop vacant, commercially owned land in Orange County, Florida.  In many such instances the government will seek to impose a condition, or exaction,… Read more »