The Ninth Circuit will soon have the opportunity to decide whether occupational licensing applicants must submit to all licensing procedures and be denied a license before they can challenge the constitutionality of those procedures in court. The facts of the case are fairly straightforward. Maurice Underwood wants to run a moving truck company in… Read more »
There are two fundamental sources of property rights protection in the Federal Constitution. The Fifth Amendment provides in part that private property shall not be taken for public use without just compensation. In addition, the due process clause requires that land use laws and regulations substantially advance legitimate governmental objectives. Land use lawyers recognize… Read more »
