PLF on Eminent Domain

Friends of the Court Briefs in Missouri Eminent Domain Case

by Timothy Sandefur

Thanks to the Institute for Justice, the Missouri Ombudsman for Eminent Domain, and the National Federation of Independent Business for their "friend of the court" briefs filed in support of property owners Homer and Julie Tourkakis. The Show-Me Institute also filed a brief, which you can read here. The Pacific Legal Foundation is representing the Tourkakises before the Missouri Supreme Court. Here is a backgrounder with more information on that case.

Interestingly, the City of Arnold agreed to allow the National Federation of Independent Business, the Show-Me Institute, and the Institute for Justice to file their briefs, but they have objected to the participation of the Ombudsman for Eminent Domain.

The Ombudsman for Eminent Domain is an official appointed by the governor of Missouri to investigate and oversee the abuse of eminent domain in the state. Anthony Martin, the current Ombudsman, is a powerful voice for property rights, and the City does itself little good by trying to bar a person that Governor Matt Blunt specifically chose for this role from voicing his opinion in this case.

Colorado Supreme Court: Courts Can't Order Government to Abuse Eminent Domain

by Timothy Sandefur

The Colorado Supreme Court today issued this ruling in a case called Wheat Ridge v. Cornerstone Group, in which the Pacific Legal Foundation filed this brief. This was a particularly interesting case because the city had decided not to go through with condemning certain land and giving it to a developer. The developer then sued, and the court issued "specific performance" to the developer—that means, it ordered the government to go ahead with the condemnation! The Colorado Supreme Court has now held that that is not allowed.

Unfortunately, the court did not base its ruling on any consideration of property rights. Instead, the judges decided that city officials must be given maximum authority to make decisions regarding other people's land. In fact, the court emphasized that government "remains empowered to take...property...and redistribute it in any manner that future circumstances and the public welfare demand." So while the ultimate outcome is good for property rights, the rationale behind it is potentially very troubling.

Thanks, by the way, to Colorado attorney Meredith Kapushion for her help on Pacific Legal Foundation’s brief.

Update: Prof. Ilya Somin has more at the Volokh Conspiracy.

PLF Files Brief in Support of Texas Family Business

by Timothy Sandefur

On Friday, the Pacific Legal Foundation filed this brief in support of the Western Shellfish Corporation, a family business in Freeport, Texas, that has been targeted for eminent domain by city officials who want to replace it with a recreational marina. The Western Shellfish case is the subject of the new book Bulldozed by Carla T. Main.