Columbus, OH – On Wednesday, The Buckeye Institute filed an amicus brief in Lozman v. Riviera Beach, Florida, calling on the U.S. Supreme Court to hear the case and tell the government it cannot deny an owner any economically viable use of their land without compensation.

“The Supreme Court has explained that the government cannot expropriate an ‘essential use’ of someone’s property without compensation,” said David C. Tryon, director of litigation at The Buckeye Institute. “But that is just want the city of Riviera Beach did when it banned Mr. Lozman from building a house on his property after he bought the property.”

In its brief, The Buckeye Institute argues a government regulation is a taking under the U.S. Constitution’s taking clause when it takes away a property right that is essential to the use or value of the property.  

Tyler R. Green with Consovoy McCarthy is the counsel of record for The Buckeye Institute on this brief, which was prepared with assistance from students at the Antonin Scalia Law School Supreme Court Clinic.

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