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Property Rights cases

Arkansas Game & Fish

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

Solana Beach PR Case image

Eroding the right to protect private property at the coast

Beach and Bluff Conservancy v. City of Solana Beach

PLF attorneys represent the Beach and Bluff Conservancy, a nonprofit organization of coastal property owners, in their suit against the City of Solana Beach over severe new restrictions on the use of Bluff Retention Devices (BRDs) — such as seawalls — to protect coastal property. Read more

Powell family, PLF property rights clients

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

Bank of beachfront homes in Nags Head, North Carolina

Government can’t use a storm as an excuse to deny property rights

Sansotta v. Town of Nags Head

Roc Sansotta and five other property owners own beachfront cottages in Nags Head, North Carolina. When a 2009 storm hit the area, the Town stopped the owners from protecting their property from erosion. The storm did some minor damage and removed sand from around the homes. Read more

Severance Property Rights Image

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

Koontz Family, PLF property rights clients

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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