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Property Rights cases

	When government floods your land, it can be liable for a taking — even if the flooding is intermittent Arkansas Game & Fish Commission v. United States Can government acts that result in intermittent flooding over a period of eight years give rise to a claim for damages for a temporary taking? As amicus in support of the Arkansas Game and Fish Commission, PLF argues that such acts can indeed create a liability for a taking. Read more.
	Humboldt County imposes illegal condition on building permit applicants Powell v. County of Humboldt Scott and Lynn Powell own a mobile home in McKinleyville, California, near the Arcata-Eureka Airport in Humboldt County. The previous owners of the property—without obtaining a building permit—added an attached covered porch and carport to the mobile home. Now, the County is threatening to fine the Powells if they do not seek an after-the-fact building permit and make minor improvements to ensure that the attached structures comply with County codes and regulations. Read more.
	Fighting government seizure and removal of homes Severance v. Texas General Land Office Texas Officials interpret the Texas Open Beaches Act to impose a public beach access easement on all property up to the natural vegetation line, regardless of whether the public has ever used the property claimed as an easement or acquired rights in such land. When a storm or other event pushes the vegetation line inland of private property, Officials contend that the purported public easement "rolls" inland and instantly converts private property into a "public beach." Read more.
	There's no "off-site" exception to Fifth Amendment's takings clause St. Johns River Water Management District v. Koontz Coy A. Koontz wants to develop commercial land, most of which lies within a riparian habitat protection zone in Orange County, Florida. He applied for a dredge and fill permit with the St. Johns Water Management District. St. Johns agreed to grant the permit, but only on the condition that he place a conservation easement over his land, and perform mitigation off-site by replacing culverts and plugging certain drainage canals on other properties not owned by Koontz and miles away from the property. Read more

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