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December 13, 2022

Food Truck Regulations Bring Property-Rights Claim

Jacksonville, North Carolina adopted several food truck regulations that brought many legal challenges.  One of those regulations was to ban food trucks on any property that sits within 250 feet of property with a brick-and-mortar restaurant or residential housing.  There is another regulation which bans food trucks from operating within 250 feet of each other. Within Jacksonville’s city limits open to food trucks, potential operators face other barriers. Another challenged regulation involves advertising.  Food trucks are limited to one sign no taller or wider than five feet.  The sign can… read more

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Posted in Food Truck, Inverse Condemnation, Property Rights, Regulatory Taking
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May 28, 2020

I KNOW THERE IS A PANDEMIC, BUT WHO COMPENSATES ME FOR MY LOSSES? PROPERTY RIGHTS v POLICY POWER

When government directly takes or inversely takes private property, our Federal and State Constitutions require the payment of just compensation.  But when property is taken for an emergency, the result may be different.  The federal government has an inherent “police power” to seize property without providing just compensation. The coronavirus (COVID-19) crisis is unprecedented.  In the United States, as of May 21, 2020, 93,439 people have died.  At least 1,551,853 cases of the disease have been recorded according to Johns Hopkins University.  The disease is extremely infectious and has spread… read more

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Posted in Covid-19, Property Rights
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April 30, 2019

TRUMP’S WALL – A MIRAGE IN THE DESERT

          Donald Trump has made building a wall along the southwest border a cornerstone of his administration.  Trump has misappropriated government funds including $3.6 billion in money which was allocated for military construction to build the wall, but there is one necessary element missing, “the land.”  Congress – even while under Republican control, has repeatedly refused to appropriate the money demanded by the President to fund the project.           There are 1,350 miles of the southern border which is unfenced.  He originally wanted to fence 1,000 miles, but has reduced… read more

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Posted in Border Wall, Ineffective Eminent Domain, Property Rights, Uncategorized
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February 6, 2019

IS MEDICAL TREATMENT FOR A PRE-EXISTING CONDITION A PROPERTY RIGHT?

The subject for this blog was suggested by Dr. Sumeet Mitter, my excellent cardiologist.  This blog is dedicated to him and all the incredible medical staff at Mt. Sinai Hospital.  Having just had a heart transplant, it was a subject that I could warm to.           A pre-existing medical condition is generally defined as “a medical condition that occurred before a program of health benefits went into effect.”  According to the Kaiser Foundation, more than a quarter of adults below 65 (approximately) had pre-existing conditions in 2016.           Under current… read more

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Posted in Goldberg v Kelly, Pre-Existing Medical Condition, Property Rights, Texas v United States
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June 6, 2017

WHAT LAW SHOULD APPLY IN A CONDEMNATION BY A PRIVATE ENTITY EXERCISING FEDERAL EMINENT DOMAIN AUTHORITY – FEDERAL OR STATE?

An interesting decision was won by our Florida Owner’s Counsel of America colleague, Andrew Prince Brigham.  The case, Sabal Trail Transmission, LLC v Real Estate, et. al., was decided by Honorable Mark E. Walker in the Northern District of Florida, United States District Court on June 5, 2017, Case No. 1:16-CV-063 MW-GRJ. Sabal Transmission proposes to construct a 516.2 mile pipeline in Alabama, Georgia and Florida.  After initiating an eminent domain condemnation action against multiple private owners, it filed a motion for partial summary judgment asserting that the Fifth Amendment… read more

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Posted in Choice of Law, Property Rights, Transmission Lines
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