Posts Tagged: Supreme Court

Does Justice Thomas Still Believe In Private Property Rights?

  There are few constitutional rights more established than the right to own private property. Historically, there have been few Supreme Court justices that property law attorneys can rely on to consistently protect that right more than Justice Clarence Thomas. Yet, in the past six months Justice Thomas has released two opinions that should make… Read more »

Should We Stop Calling Judicial Nominees “Moderate?”

With the passing of Justice Scalia and the nomination of Judge Garland as his replacement, judicial philosophy is again in the public eye.  Court watchers and armchair jurists alike suddenly have an opinion on the background and credentials of a federal appellate judge and judicial nominee that most people have never heard of. Often, these… Read more »

Supreme Court Rules on Same Sex Marriage – Appellate Lawyers’ Analysis

            In a landmark decision Friday, the Supreme Court of the United States held that the Constitution allowed same sex couples the right to legally marry, regardless of where they resided in the United States. The Court was closely divided in its 5-4 ruling, with Justice Anthony Kennedy writing the opinion… 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 »

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 »