AUGUST 2015
PLF helps boater challenge rule imposing manatee protection zone where there are no manatees
 
  
Watch this video to learn more.
City officials in Indian Rocks Beach, Florida, did not want the noise of boats and jet skis on two man-made water basins historically popular for boating and recreational water sports.  They asked the Fish and Wildlife Conservation Commission (FWC) to impose a slow zone under the Florida Manatee Sanctuary Act, which authorizes the FWC to impose speed zones where the best available science shows that manatees inhabit the waters and are frequently sighted there.  However, only one or two manatees have been sighted in one of the water basins and none at all have been sighted in the other. 
                                                                              
The FWC overstepped its statutory authority by proposing the slow zone regulation because its own documented evidence shows that these water basins are not manatee habitats.  PLF filed a petition challenging the proposed rule on behalf of retiree and boating enthusiast Bill Thomas.  

Read our blog and Bill Thomas's guest column to learn more.
Foreclosure for $133 in unpaid property taxes?
 
Coleman v. District of Columbia

Can the government take a person's home to pay a $133 debt without paying the homeowner a penny?  This case pending before the federal district court in Washington, D.C., asks just that question.
 
Benjamin Coleman, an elderly veteran suffering from dementia, owned a house in Washington, D.C.  When he failed to pay $133.88 in property taxes, the District placed a lien on his home, adding another $183.47 in penalties, and then auctioned the lien to a private investment company, which added $4,999 in fees, costs, and interest onto Coleman's debt.  Coleman could not afford to pay the debt, so the investment company evicted him and foreclosed on his house.  Although the house was valued at up to $200,000, the company sold it for $71,000 and kept all proceeds.  Coleman did not receive any compensation for the surplus equity he had in his home.

Coleman and other foreclosure property owners sued the District of Columbia arguing that it couldn't take their property to pay their overdue taxes, and should have reimbursed them for the excess that it took.  PLF filed a friend of the court brief arguing that the District may not avoid the Takings Clause just because it made a law that said it could.  If the states and the federal government were allowed the final say on what constitutes a valid forfeiture of constitutional rights, then government would find it all too easy to take property -- indeed, all rights -- from the public.

Read more about this case in our blog.
Government must pay for the full value of what it takes from property owners

Andress Family Florida, LP v. Charlotte County
 
PLF is siding with property owners in southwest Florida seeking just compensation for a taking by Charlotte County.  Small developer Andress Family Florida owned property slated for residential development.  The county purchased the sewer system on the property with an eye toward revenue from future residents, and with a promise to maintain the system.
 
Over the next five years, the county failed to maintain the sewer system, leaving the properties without water or sewer service.  They also refused to grant septic permits to the developers, rendering the properties useless for over five years.  Andress sued and won on the grounds that the county's actions represented a taking of their property requiring just compensation.  However, they were awarded a paltry sum that will not even cover the municipal service fees they will pay over the next 15 years to fix the county's mistake. 
 
The court held that it was bound by a single compensation formula, but its holding fails the constitutional requirement of full compensation.  PLF filed a friend of the court brief in support of Andress, arguing that the court must look at the actual facts in a case to make sure a landowner receives full compensation for a taking.    

Read more about this case in our blog.
PLF speaks out against the EPA's egregious "waters of the U.S." power grab

PLF is leading the charge against the EPA's outrageous effort to extend its Clean Water Act authority to cover nearly every wet spot in the nation.  We filed suit against the new "waters of the U.S." rule last month and will continue speaking out on this critical issue. 
 
The James Madison Institute (JMI), a Florida-based public policy research organization dedicated to limited government, just published an issue backgrounder by Reed Hopper, PLF's lead environmental attorney, and Mark Miller, managing attorney in our Atlantic Center.  

Earlier this month, Forbes.com published an op-ed on the issue by Reed Hopper and Todd Gaziano, executive director of our DC Center. 
Christina Martin named PLF staff attorney
 
On September 1st, Christina Martin will officially become a PLF staff attorney.  Christina joined PLF in 2012 as a Fellow in our College of Public Interest Law through a generous grant from Dr. Phillips Charities.  Since then, she has litigated cases involving property rights, environmental law, and the First Amendment.  Congratulations Christina!
PLF talks property rights with Orlando realtors  
  
On July 9, PLF held a lunch briefing with the Orlando Regional Realtor Association (ORRA).  Dr. Phillips Charities graciously sponsored the event and hosted us at their Orlando offices.  PLF's director of litigation, Jim Burling, and Atlantic Center managing attorney, Mark Miller, discussed important property rights issues with area realtors and shared an update on our work defending liberty in Florida and across the nation. 
PLF announces 2015 law student writing competition

Do you know a law student who is committed to liberty, property rights, and limited government?  PLF's Program for Judicial Awareness (PJA) welcomes submissions for its annual essay contest.  

The first place winner receives a $3,000 prize, a trip to PLF's annual gala, and assistance getting the winning essay published in a law journal. 

Students may enter today through January 15, 2016.
How you can help PLF defend the Constitution
 
Next month our nation will commemorate the signing of the U.S. Constitution on September 17, 1787.
 
As we celebrate the freedoms guaranteed to all Americans by this historic document, it is important to remember that our liberty is not automatic.  Instead, we must vigilantly guard and defend our constitutional rights each day.  That is precisely the work PLF has been doing for 42 years, thanks to the generous support of thousands of citizens from coast to coast. 
 
Here are three great ways you can help us defend the Constitution today: make a tax-deductible gift, invite a friend to join our mailing list, or refer a potential case to our attorneys. 
 
Thank you for standing with PLF as we continue fighting to protect the precious rights guaranteed to all of us by the Constitution.  

Best regards,
Your PLF Atlantic Center Team
 
Mark Miller Managing Attorney

Doug Kruse Director of Development

Staff
Attorney
PACE Registered Paralegal

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Pacific Legal Foundation - Atlantic Center
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Phone: 561-691-5000