Real Estate & Property Law

Opposite Sides Join Forces To Protect Property RIghts

By Robert Thomas (inversecondemnation.com)

As reported here, the American Civil Liberties Union of Florida has joined forces with the American Center for Law and Justice to help protect a property owner. It's good to see that these two organizations -- usually on opposite sides in the courtroom -- have put aside their differences and agree that property rights are fundamental and an integral part of the Bill of Rights. Is this a sign of the end times?

In Stone v. Holmes County, No. 09-27ICA (May 21, 2009), the property owner alleges the County widened an easement across his property in retaliation for the owner complaining to the County about his neighbor's use of an easement across his property. The complaint alleges the widening of the easement was done as a favor to the neighbor. The complaint for inverse condemnation is available here.

Joining forces isn't unprecedented: the ACLU Fund of Michigan and the Pacific Legal Foundation jointly filed an amicus brief supporting property owners in County of Wayne v. Hathcock, 684 N.W.2d 765 (Mich. 2004), the case in which the Michigan Supreme Court overruled the infamous Poletown case and held that economic development was not a public use under the Michigan Constitution's takings clause. That brief is posted here, courtesy of one of its authors, PLF attorney Tim Sandefur. These two examples highlight what is often forgotten: the right to make reasonable use of property is a fundamental right. See Lynch v. Household Finance Corp., 405 U.S. 538, 552 (1972) ("[T]he dichotomy between personal lberties and property rights is a false one.").

And for those of us who can't get enough of saccharine videos documenting interspecies affection, here's one more:

Full post as published by inversecondemnation on June 10, 2009 (boomark / email).