Cities and counties oppose using “possession, occupation, and enjoyment” because it would lead courts to stop the practices that the cities and counties want to continue: using eminent domain to take property from one property owner and give it to another to enhance local government tax revenue.
Property Rights
Oakland fined this couple $915,000 for preventing fires. That’s 18 times the penalty for actual arson
Imagine buying a piece of property, being ordered by the government to clear it of fire hazards, and then being handed a near-million-dollar bill by that same government for doing exactly what it asked. It sounds like a dystopian satire of bureaucratic overreach, but for Matthew Bernard and Lynn Warner, it is a harrowing legal...
August 19, 2026