U.S. Supreme Court rulings on property rights. If the federal, state government or local government is affecting your property rights. Property in these cases applied to real estate, but some of the rulings are broad enough to cover other types of property you own.
Note court rulings do NOT enforce themselves, you need a lawyer, but giving your attorney the case name(s) can save on legal fees by speeding things up. Many local governments are unaware of these rulings and will back down when they become aware of them.
Knick v. Township of Scott (2019) allows a landowner to go directly to US District court bypassing state courts.
Lucas v. South Carolina Coastal Council (1992) In this decision, the Court ruled that a 100% economic wipeout for the landowner due to regulations is automatically a per se taking. And ordered them to pay market value now.
First English Evangelical Lutheran Church of Glendale v. County of Los Angeles (1987) Bauman refers to this as the "true landmark case" for builders and developers because of three points. First, if land-use regulations go too far, then the case may be a takings case for which (second main point) the remedy is just compensator location. Third, the taking does not have to be permanent to be considered a regulatory taking-it may only be for a short period of time.
Dolan v. City of Tigard (1994) Here the Court ruled that the burden of proving that exactions (regulations, zoning) placed on the landowner are proportional to the impact on the public (rough proportionality) rests with the government.
City of Monterey, Calif. v. Del Monte Dunes at Monterey, Ltd (1998), which ruled that developers have the constitutional right to have regulatory takings lawsuits heard by a jury.
Lozman v. Riviera Beach (2013), a houseboat is a home subject to the same protections against taking as one on land, and often not subject to federal maritime law.
Tyler v. Hennepin County (2023) Stops equity theft in property takings for taxes/fines. The ruling requires the former owner be paid the difference between market value and taxes/fines. The ruling is retroactive.
Note court rulings do NOT enforce themselves, you need a lawyer, but giving your attorney the case name(s) can save on legal fees by speeding things up. Many local governments are unaware of these rulings and will back down when they become aware of them.
Knick v. Township of Scott (2019) allows a landowner to go directly to US District court bypassing state courts.
Lucas v. South Carolina Coastal Council (1992) In this decision, the Court ruled that a 100% economic wipeout for the landowner due to regulations is automatically a per se taking. And ordered them to pay market value now.
First English Evangelical Lutheran Church of Glendale v. County of Los Angeles (1987) Bauman refers to this as the "true landmark case" for builders and developers because of three points. First, if land-use regulations go too far, then the case may be a takings case for which (second main point) the remedy is just compensator location. Third, the taking does not have to be permanent to be considered a regulatory taking-it may only be for a short period of time.
Dolan v. City of Tigard (1994) Here the Court ruled that the burden of proving that exactions (regulations, zoning) placed on the landowner are proportional to the impact on the public (rough proportionality) rests with the government.
City of Monterey, Calif. v. Del Monte Dunes at Monterey, Ltd (1998), which ruled that developers have the constitutional right to have regulatory takings lawsuits heard by a jury.
Lozman v. Riviera Beach (2013), a houseboat is a home subject to the same protections against taking as one on land, and often not subject to federal maritime law.
Tyler v. Hennepin County (2023) Stops equity theft in property takings for taxes/fines. The ruling requires the former owner be paid the difference between market value and taxes/fines. The ruling is retroactive.