Focus (Forum & Focus)
Dec. 4, 2007
Protecting Private Property
Forum Column - By Ronald A. Zumbrun - A recent 9th Circuit decision allows private-property owners to use the 14th Amendment's due-process protections when fighting government action, a huge step forward in providing certainty and security in land-use cases.
By Ronald A. Zumbrun
On Nov. 1, the 9th Circuit restored the ability of private property owners to access the substantive due process protections of the 14th Amendment of the U.S. Constitution: "[N]or shall any state deprive any person of life, liberty, or property, without due process of law."
A property owner's substantive due process rights are violated when government act...
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