Urban Density

Seeking Justice by Electing Justices Who Respect the Constitution and the Rule of Law

Many persons seek the protection of their property rights and relief from over-reaching or misapplied regulatory actions and want to have that relief from our Judicial system.  But what if the highest court in our State has strayed from the rule of law and constitutional decision making and into the arena of problem solving with decisions best left to another branch of government, the legislature? 

In Memoriam: the Fifth Amendment | The Antiplanner

The Antiplanner spoke in Spokane last Friday at the annual meeting of Spokane chapter of Citizens Alliance for Property Rights. The focus of my presentation was how cities have eroded the property rights protections of the Fifth Amendment in order to promote the density schemes of urban planners. The Fifth Amendment, which says that government may not take private property for public use without due compensation, was once interpreted to mean that government cannot take private property for private use at all and must pay compensation when it take it for public use. But over time it has come to be reinterpreted to mean that government can take property rights through regulation without compensation and it can take private property from one owner and give it to another private party with compensation.

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