Property Rights

Consider some of our efforts:

The City of Destin and Beachfront Crisis

In 2000, SLF attorneys were contacted by more than 200 beachfront property owners in Destin, Florida who were told by local city officials that their beaches were soon to become public property. At issue was the imminent threat of a local ordinance, under consideration by the Destin City Council, which would have appropriated all beachfront property – up to within 25 feet of any permanent structure, including homes – under an obscure legal theory known as “custom.” The constitutional problems were clear, yet public opinion pitted neighbor against neighbor, government against individual owners. That’s when SLF stepped in. In-depth, timely legal research by SLF attorneys revealed that the City’s plan appeared to be illegal, unwarranted, and unconstitutional. After agreeing to represent property owners in an anticipated legal action, SLF attorneys appeared and spoke at key City Council meetings to notify members of the likelihood of a successful legal challenge if the Council moved to seize the property. The rights of private property owners prevailed as the City tabled its ordinance and agreed to forego all efforts to take private property without just compensation.

Lucas vs. South Carolina Coastal Council (1992)
In the landmark United States Supreme Court decision, SLF argued and the Court agreed that, because of a change in South Carolina's coastal protection law prohibiting development of their beachfront property, the Lucases suffered a 'taking' of their property and were entitled to full compensation.

Property owner David Lucas said, 'The amicus curiae brief filed on my behalf had a definite positive impact on our case. In fact, my attorneys are convinced that the use of this brief was instrumental in winning the landmark property rights victory of Lucas v. South Carolina Coastal Council.'

Dolan v. City of Tigard, Oregon (1994)
The United States Supreme Court ruled in favor of a business owner who was prevented from expanding her business by government demands to dedicate a portion of her property to the city. SLF's brief successfully argued that the city's action was a taking of private property without just compensation.

Glisson v. Alachua County, Florida (1986-1991)
SLF represented a group of Florida property owners who challenged local environmental and land use regulations as a violation of their property rights. SLF helped Cross Creek residents resist government from creating a 'public use' without paying for it. While the case was pending, the County made significant improvements in the regulations. .

Tennessee Environmental Council v. Annie Laurie James (1992)
SLF successfully represented a retired school teacher and fourth-generation farm owner in West Tennessee who was sued by an environmental group for clearing out a drainage ditch on her property. After SLF convinced the EPA to drop its case against our client, she was dismissed from the lawsuit.

'If it had not been for SLF, we could not have afforded to defend the case,' said Mrs. James. 'Now we can farm our land instead of having to provide a place for someone else to watch birds and fish.'

Dail v. York County In an important property rights defense, SLF attorneys represent a widow who seeks to harvest timber on a portion of her rural Virginia property. Prohibited by overreaching county ordinances, Mrs. Ann Dail filed suit challenging the local ordinances as violative of state law, which would allow the responsible timber harvest. As expected, the local court ruled against Mrs. Dail and SLF, who appealed the case to the Virginia appellate courts.

Beggerly v. U.S.A. (1996)
SLF filed an amicus brief supporting a landowner in Mississippi whose property was 'taken' by the federal government without adequate compensation.

Reahard v. Lee County, Florida (1993 - 1995)
SLF filed a brief in support of a federal court's award of monetary damages to a property owner for a taking of his property through wetlands regulation.

Betty West (1993)
SLF helped a Georgia property owner successfully resist efforts by the State DOT to condemn the middle of her farm for wetlands mitigation.

U.S. v. South Florida Water Management District (1990 - 1991)
In 1990 SLF intervened on behalf of several Florida agricultural associations and family farms in litigation surrounding the Central and South Florida Flood Control Projects.

North Carolina Wildlife Federation v. Bergland (1980).
Environmentalists, forest products interests and sportsmen challenged governmental abuse of power when the Forest Service withdrew 31,000 acres of land from harvesting, mining and wildlife and plant management. SLF argued that their interest in the land was invaded by unauthorized wilderness management.

Tennessee Valley Authority v. Hill (1977-78)
SLF intervened when the EPA ordered the TVA's Tellico Dam Project stopped because of its potential threat to the snail darter. SLF argued that the Endangered Species Act did not compel such drastic measures for projects and property affected by the snail darter.