Liberty and Justice for All Landlords: Fight Back With the Pacific Legal Foundation

Written by Apartment Management Magazine on . Posted in Blog, Webinar

WHEN: 11:00 A.M. – 12:00 P.M. on Thursday, October 15th, 2020

Have you ever asked this question following the constant onslaught of government overreach and regulation hurting the value of YOUR rental properties?  CAN WE FILE A LAWSUIT TO PROTECT OUR PROPERTY RIGHTS?  The right to own and use YOUR property is the guardian of every other right. Without it, YOUR freedom to exercise every other right is limited.

The Pacific Legal Foundation (PLF) is a nonprofit legal organization that defends Americans’ liberties when threatened by government overreach and abuse. PLF sues the government when it violates Americans’ constitutional rights—and it often wins!  Each year, PLF represents hundreds of Americans and many landlords, free of charge, who seek to improve their lives but are stymied by government. PLF gives them their day in court to vindicate their rights and set a lasting precedent to protect everyone else.

The Fifth Amendment of the U.S. Constitution allows government to take private property for public use, but ONLY when it pays just compensation. This is sometimes referred to as eminent domain, condemnation, or a “taking.” Government often evades this obligation by using regulations to limit use of property and reduce its value such a rent control, just-cause eviction rules, eviction moratoria, etc.

Learn what is taking place in a courtroom near you to protect your Constitutional Rights.  Join us for a very important and informative briefing by PLF on current cases and recent case law that will affect your investment in income property.  During this important webinar, we will cover:

  • Current ongoing lawsuits and recent case law that will impact YOUR investment in investment property.
  • Have the local and state, and now Federal eviction moratoriums gone too far?
  • How can limits on constitutional takings be enforced?  What is a “taking”?
  • How can we stop governments that use fines and outright forfeitures to take control of property and pad their budgets?
  • What can be done to prevent government taking property directly by seeking to diminish an owner’s control, effectively turning private property into a public asset while maintaining the fiction of private ownership?

What is being done to challenge Land use laws under the disguise of promoting health and safety, and reducing public nuisances?

GUEST SPEAKER: James Burling, Esq., Vice President of Legal Affairs, Pacific Legal Foundation

Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.  James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a master’s degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.

James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013.  In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.

Pacific Legal Foundation is a national nonprofit legal organization that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 39 states plus Washington, D.C., PLF represents clients in state and federal courts, with 12 victories out of 14 cases