Protection of Property Rights

Atlantic Legal Foundation seeks to protect all forms of personal property, real property, and intellectual property from unwarranted or uncompensated governmental takings, regulatory burdens, or other intrusions. Protection of property rights also extends to the growing need for both business and personal cybersecurity, including the protection of an individual’s identifying and financial information, and online presence. This is one of many cutting-edge areas that ALF monitors for potential amicus curiae involvement.

Property Rights Amicus Briefs

ALF Brief Opposes Governmental “Home Equity Theft”

Tyler v. Hennepin County, Minnesota, No. 22-166 (Supreme Court) (merits stage)

March 3, 2023

ALF Urges Supreme Court To Avoid “Takings” Issues When Interpreting Scope Of Clean Water Act

Sackett v. EPA, No. 21-454 (Supreme Court ) (merits stage)

April 14, 2022

ALF Enters Video Game Battle

Lenwood Hamilton v. Lester Speight, et al., No. 20-1123 (Supreme Court) (petition stage)

March 2, 2021

ALF Amicus Brief Argues That Sound Science – Not The “Precautionary Principle” – Belongs In The Courtroom

Preserve Responsible Shoreline Management v. City of Bainbridge Island, No. 20-787 (Supreme Court) (petition stage)

January 5, 2021
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Anticompetitive Takings: Will The Supreme Court Revisit Kelo?

Violet Dock Port, Inc., LLC, v. St. Bernard Port, No. 17-1656 (Supreme Court) (petition stage)

July 11, 2018
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Executive Creep: Unaccountable Agency Destroys Life Plans of Property Owners

Kent Recycling Services, LLC, v. U.S. Army Corps of Engineers, No. 14-493 (Supreme Court) (petition stage)

December 1, 2014
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Are Covenants With The Land Compensable Under The Takings Clause?

Mariner’s Cove v. United States (Supreme Court) (petition stage)

July 15, 2013
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Mayor In Guam Uses Pretextual Taking To Steal Property

Ilagan v. Ungacta, Supreme Court (petition stage)

January 7, 2013
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Administrative Deprivation: How Expensive is Due Process?

General Electrinc v. Jackson, (DC Cir.)

September 22, 2009
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Nexus and Proportionality: “Impact Fees” Detached from Actual Impact

Drebick v. Olympia (Supreme Court) (petition stage)

September 13, 2006
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Adjacent to the Adjacent: Does “Navigable Water” Extend Federal Power to All Wetlands?

Rapanos v. United States, Supreme Court, (merits stage) (2004)

December 2, 2005
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Government Facilitated Property Theft: Notice in New York

Brody v. Village of Port Chester, (2nd Cir.)

May 27, 2005
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Disguised Takings: Disproportionate Impact Fees

Rogers Machinery v. City of Tigard, (US) (merits stage)

December 16, 2002
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California Butchers Ripeness Doctrine, Allows Uncompensated Public Takings

Cole v. Santa Barbara, (Supreme Court) (petition stage)

August 5, 2002
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Taking a Stick from a Bundle of Rights is a “Taking”

Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, (Supreme Court) (merits stage)

September 18, 2001

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