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CIVIL RIGHTS: LAND USE OF CLAIMS INVOLVING UNLAWFUL TAKING OR RESTRICTIONS ON USE OF PROPERTY
Connecticut Civil Rights Cases
In recent years, the Civil Rights Act has been extended beyond claims involving unlawful law enforcement activity to protect against wrongful state action involving property rights.
A person’s home is his castle... or at least it should be. A present example of this in which our law firm is involved concerns a croup of homeowners on the Connecticut shore line, where reality is anything but. In communities on the shore where people come for the summer, town boards have tried to take away the rights of some homeowners to use their properties whenever they want. As a result, homeowners robbed of their property rights have found themselves unable to enjoy their land when they want to, unable to rent their houses to other people, and unable to find financing or buyers for their property, even though they pay taxes and are good citizens.
The United States Constitution guarantees that no person shall be deprived of life, liberty or property by the federal, state, or local governments without due process of law. Just as the town you live in can’t simply take your car or bulldoze your house without a legal reason to do so or without giving you an meaningful opportunity to defend your rights, the town cannot simply revoke your right to use your property without a good reason and a proper hearing.
Our firm represents a group of homeowners in one community who have had enough. Their town, despite losing numerous lawsuits and a judge’s decision that they had no right to do so, has created an arbitrary process which forces owners of certain properties in certain parts of town to prove to the town that they deserve to keep the right to use their homes when they want to. Such homeowners are often arbitrarily denied, though they pay the same taxes as other, more “preferred” homeowners. As if that weren’t outrageous enough, other owners in the same district have cut a secret deal with the town which exempts them from the burden of having to apply to keep their rights. The homeowners who have lost their rights due to the town’s unconstitutional practices have hired our firm to enforce their civil rights in federal court, seeking money to compensate them for lost property value and an order from the court forcing the town to stop interfering with their property rights.
If the town you live in is trying to take what’s yours, call our office today. We will meet with you to review your case and discuss your legal options.