Posts Tagged: property

Horne v. Department of Agriculture is About More than Just Raisins and Free Markets

Condemnation law can be a tricky affair. But, until recently, there was one solid rule you could rely on: if the government physically takes possession of someone’s property, it’s generally a taking, and the government  has to pay the owner. You will notice we noted “until recently.” The United States Supreme Court will soon have the… Read more »

United States Supreme Court Agrees to Review Case Involving Government Flooding of Property

In a rather unique twist, a governmental entity–the Arkansas Game and Fish Commission–brought suit against the United States in the Court of Federal Claims, on the ground that six years of periodic flooding during the sensitive growing season by the Army Corps of Engineers destroyed 18 million board feet of timber and left habitat unable… Read more »

United States Supreme Court Rebuffs EPA in Major Private Property Rights Ruling

In a significant unanimous decision, the United States Supreme Court has ruled that property owners have a right under the Administrative Procedures Act to challenge an Environmental Protection Agency compliance order in court. In Sackett v. Environmental Protection Agency the EPA issued a compliance order to the Sacketts, claiming that they had attempted to develop… Read more »

Private Property Owners Should Require the Government to Obtain a Civil Inspection Warrant

Many counties and cities in California are taking an increasingly aggressive approach to inspections of property for alleged code violations. Often based on anonymous “tips” these government agencies will show up unannounced and ask to inspect and photograph private property. If the owner consents, no warrant is needed. However, owners should not consent to an… Read more »