February 21, 2006
Supreme Court Upholds Regulatory Takings Compensation Law"
- Carol W. LaGrasse, PRFA Update
Oregon Measure 37
Takings compensation and relief from land use regulation -
Enacted by Oregon's voters in a statewide referendum on November
Time to Reform land Use Regulations
- By Bill Moshofsky, Oregonians in Action (Trafford, 2004)
Taking away the use of private land to provide public benefits
without paying for it that's Grand Larceny and Petty Theft!
All income from the book is going to Oregonians in Action.
Published by Trafford Publishing
Victoria, B.C. V8T 4P4
Richard A. Epstein,
TakingsPrivate Property and the Power of Eminent
Domain (Harvard University Press, Cambridge, Massachusetts,
Bernard H. Siegan,
Property and FreedomThe Constitution, The Courts,
and Land-Use Regulation (Transaction Publishers, New
Mark L. Pollot, Grand
Theft and Petit Larceny - Property Rights in America
(Pacific Research Institute for Public Policy 1993)
Begins with philosophical origins and early debate over the
protection of property rights, and ratification of the Constitution
and Bill of Rights, contrasted with modern regulatory takings.
Supreme Court's Protection of Private Property Rights: The Founders'
Dream, the Owner's Nightmare" - By Roger Pilon, J.D.,
Ph.D., Vice President for Legal Affairs and Director, Center
for Constitutional Studies, Cato Institute, Eleventh Annual National
Conference on Private Property Rights (PRFA, Albany, N.Y., October
Roger Pilon presents an overview of private property rights,
beginning with first principles, including a discussion of the
history of the founding documents, followed by the police power
and eminent domain power; then four scenarios of government restrictionsgovernment
actions that reduce the value of private property, regulation
to stop nuisance, regulatory takings, and full eminent domain;
and finally the four categories of eminent domain: transfer to
the public, transfer to a private owner for public utilities
and the like, condemnation for blight reduction, and transfer
to another private party for economic development. Highlights
of court rulings illustrate how the Progressive Era led to today's
- "U.S. Private
Property Rights Under International Assault" - By Lawrence
A. Kogan, Esq., Institute for Trade, Standards and Sustainable
Development, Presented at the Tenth Annual National Conference
on Private Property Rights, Albany, New York, October 14, 2006,
sponsored by the Property Rights Foundation of America
Left-leaning foreign governments, activists and academics
are waging a campaign against the American free market, private
property, and science and economics-based regulatory systems.
The non-scientific Precautionary Principle, which has assumed
regulatory status in Europe, means banning whole classes of products,
substances and activities from entering the marketplace if it
is merely possible, absent any scientific risk analysis, that
they or the processes used for their manufacture might cause
uncertain health or environmental harm sometime in the future.
SpeciesRegulation by Fraud"-By Fred V. Grau, Jr.,
President Grasslyn, Inc., Tenth Annual National Conference on
Private Property Rights (PRFA, Albany, N.Y., October 14, 2006)
Invasive species rules are already having negative impact
on ranchers, farmers, sportsmen, and boaters. "White
listing" in accord with the precautionary principle
requires that you have to prove that a species doesn't
cause harm before you can trade in it. The concept of "biological
pollution" is starting to bring U.S. EPA jurisdiction
over aquatic invasive species. Invasive species laws are a federal
funding mechanism to The Nature Conservancy.
Taking CompensationThe Successful Oregon Measure 37 Referendum"
- By Bill Moshofsky, President, Oregonians in Action, Tigard,
Oregon; Speech to the Ninth Annual Conference on Private Property
Rights (PRFA, Albany, N.Y. October 22, 2005)
The Oregon Measure 37 referendum created a solution to the
"regulatory overkill" that besets Oregon's
property owners, under arguably the strictest land use planning
regulations in the country, excessive wetlands, endangered species
and forest practice regulation. Oregonians in Action is still
fighting against government's attempt to nullify the law.
Voice for Forest Landowners in WashingtonProtecting Productive
Private Property" - By Scott Jones, Executive Vice President,
Forest Landowners Association, Atlanta, Ga.; Speech to the Eighth
Annual Conference on Private Property Rights (PRFA, Albany,
N.Y. October 23, 2004)
By partnering with organizations like the Forest Landowners
Association, we can educate Congress about private property rights.
Working together, we stopped regulations like TDML, which would
have hurt forest management. We can eliminate the "death
tax" and make incremental changes to the Endangered
CondemnationThe Rationale for Compensation for Regulatory
Takings" - By Henry St. John FitzGerald, Attorney at
Law, Arlington, Virginia; Speech to the Eighth Annual Conference
on Private Property Rights (PRFA, Albany, N.Y. October 23,
The Constitution is the biggest bulwark to protect our rights,
including private property rights. Government keeps trying to
expand its power, and important cases hold its power in check.
The cases protecting property owners from regulatory takings
began in 1922 with Pennsylvania Coal. "Inverse
condemnation" is when so many land rights have been
taken away that a Fifth Amendment Taking occurs.
Property Rights of Farmers: Updates in Takings and Related Case
Law" - By Jeff Williams and Leah Hurtgen, New York State
Farm Bureau (Sixth Annual Conference on Private Property Rights,
PRFA - November 16, 2002)
A broad overview of significant recent cased that have occurred
in New York State and in other parts of this country, which affect
agriculture and other land-intensive business such as logging
and will touch individual property owners: Tahoe-Sierra Preservation
Council, Inc. v. Tahoe Regional Planning Agency (122 S. Ct.
1465 (2002); the victorious Palazzolo v. Rhode Island and
related historic cases; Town of Lysander v. Hafner (New
York State Court of Appeals, October 18, 2001); the disappointing
Long Island Pine Barrens v. Town of Riverhead; the California
case Pronsolino v. EPA; and another Ninth Circuit case
Borden Ranch v. Army Corps of Engineers.
Court Rejects 'Categorical' Compensation for Temporary Taking"
By Carol W. LaGrasse (PRFA, April 27, 2002)
Justice Stevens writes that the Tahoe Regional Planning Agency
took only a "temporal slice" of the property
interest by imposing lengthy building moratoria. No compensation
to landowners is required. The troublesome ruling broadly affirmed
the justice of central planning, but left open room for "ad
hoc" appeals for compensation for temporary takings.
- "The Arizona Property Rights Referendum"
- Presented by Tom Rawles, Chairman, Maricopa County Board of
Supervisors, Phoenix, Arizona, Reprinted from Proceedings
of the First Annual New York Conference on Private Property Rights
"Takings" implications of proposed governmental
actions shall be assessed by the office of the Attorney General
and permit requirements shall minimize restrictions on private
Legislation to Protect Private Property Owners" - By
W. Christopher Doss, Virginia Department of Environmental
Quality, Reprinted from Proceedings of the First Annual Conference
Private Property Rights (PRFA, 1995)
Large corporations and developers are delighted with regulation,
because that helps cut down on competition. Chris Doss's
important ideas include the first mention of "informed
consent for conservation easements" and "mandated
review property taxes" after regulation decreases