NFIB Legal Center Argues Government Cannot Arbitrarily Abrogate Property Rights

Date: November 06, 2014

The City of Sanibel, Florida enacted an ordinance prohibiting new docks along the coast. The stated purpose was to protect sea grass, but there is no exception that might allow for the construction of docks on properties that do not contain sea grass, nor any allowance for designs that might avoid damage to sea grass. The Federal Court of Appeal for the Eleventh Circuit upheld the City’s ordinance against a constitutional challenge. The Supreme Court is being asked to overturn the ordinance and reaffirm that property owners are protected from arbitrary and unreasonable confiscations or restrictions of property.

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