WASHINGTON, D.C. (June 20, 2025) – NFIB filed an amicus brief in the case Cynthia Fisher, et al. v. City of Ocean Springs, Mississippi at the U.S. Court of Appeals for the Fifth Circuit. The case considers whether Mississippi law improperly limits a property owner’s ability to challenge blight designations, which often cripple property values and serve as the first step in a government taking. NFIB filed the brief with the Owners’ Counsel of America.

“Small business landowners deserve the right to challenge the government’s acquisition of their private property,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “But Mississippi’s procedure regarding blight designations denies owners those rights. Numerous other states require additional steps and procedures that better prevent government overreach and ensure that government seizure of private property is meaningfully scrutinized. NFIB hopes that Mississippi’s process becomes more protective of small businesses’ property rights.”

NFIB’s brief argues its points by considering the blight designation procedures in states other than Mississippi. First, the brief examines several states that provide individual notice of a blight designation to property owners and an opportunity to challenge. Second, the brief considers states that permit challenges to blight designations at the time of an eminent domain proceeding. In contrast to these states, Mississippi severely limits a property owner’s ability to protect against or challenge blight designations.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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