While you would think that American citizens have the right to defend our private property in court, actually getting your day in court is far easier said than done.  The reality of America’s legal system is that the attorneys that run the courts, congress and the legislative branches of government have all been very effective at contriving legal “excuses” for the purpose of distancing the courts from the people.   This is extremely problematic when our private property rights are constantly under attack.    

Pacific Legal Foundation has been fighting back against this very issue  and today announced a victory for property owners in a case that came out of the state of Montana.  Details below:

Today, the U.S. Supreme Court delivered a major property rights victory for all Americans, in PLF’s 15th win before the nation’s highest court.  It started in Montana with a fight to stop the U.S. Forest Service from opening private property to the public. But when Wil Wilkins and Jane Stanton sued, the lower courts took the agency’s word that the neighbors were too late to fight back. Case dismissed, no questions asked—or even allowed.

This legal hurdle is a frequent government tactic to avoid court scrutiny. And the courts go along with it, closing their doors to property rights disputes.

Today’s 6-3 ruling in Wilkins v. United States rebuked the procedural manipulations that denied Wil and Jane their rightful day in court, reversed the lower courts’ dismissal of their case, and cleared the way for all property owners to defend their rights in federal court.

The decision also reaffirms that property rights are indeed among the most important civil rights that Americans have, deserving equal status among all other constitutional protections and a full-throated defense in federal courts.

We’re thrilled that our clients can finally challenge the Forest Service’s unlawful land grab, and that courthouse doors will open for future landowners to take on the federal government.

Stay tuned for more. This is only the second of three PLF cases the Supreme Court selected for argument this term. The Court opened the term with Sackett v. EPA, and will close with Tyler v. Hennepin County on April 26.

The Supreme Court typically grants less than 1% of petitions filed every year. For PLF cases to account for 5% of the Court’s docket is truly remarkable and exemplifies the relentless dedication of the PLF team and our allies to defending liberty and justice for all.

And thank you for empowering everyday Americans like Wil and Jane to stand strong in the face of giants before the highest court in the land.

Steven D. Anderson
President and CEO