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Honorary Member - James S. Burling

James S BurlingPacific Legal Foundation
930 G Street, Sacramento, CA 95814

Tel: (916) 419-7111 | Fax (916) 419-7747

Email | www.pacificlegal.org

James Burling is an attorney with Pacific Legal Foundation, a nonprofit, tax-exempt public interest legal foundation. The Foundation was formed in 1973 to litigate nationwide in defense of individual and economic freedoms and to represent responsible citizens supporting sound environmental and land use litigation.

Before becoming an attorney with Pacific Legal Foundation, Mr. Burling was employed as an exploration geologist for AMAX Exploration in Tucson from 1977 to 1980. Mr. Burling later attended the University of Arizona College of Law in Tucson, where he served as an articles editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. Mr. Burling has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida.

Mr. Burling is currently Pacific Legal Foundation's Director of Litigation and principal attorney in PLF's Property Rights practice group. Mr. Burling litigates in a wide variety of private property, natural resource, public land, and environmental legal issues. He has been a frequent lecturer at continuing legal education seminars and is a planning co-chair for the American Law Institute - American Bar Association's continuing legal education seminar on regulatory takings, Inverse Condemnation and Related Government Liability. He is the Chair of the Federalist Society's Section on Environment and Private Property Rights. He was inducted into the American College of Real Estate Lawyers in 2006. Mr. Burling is also a frequent guest lecturer before community and property rights organizations on subjects ranging from the regulation of wetlands and endangered species, federal land policy, zoning, regulatory exactions, the public trust doctrine, and the "taking" of private property.

In 2001, Mr. Burling successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court.

Recent publications

Do Economic Results of a Transfer to a Private Developer Constitute "Public Use?,"2006 ALI-ABA Course of study on Study on Eminent Domain and Land Valuation Litigation, Westlaw cite pending

The Challenge of Due Process, 1983, and Property Rights, 2005 ALI-ABA Course of study on Eminent Domain and Land Valuation Litigation, Available on Westlaw at SK045 ALI-ABA 713

When Is a Claim Against the Government Ripe? Takings, Equal Protection, Due Process and First Amendment Challenges, in 2004 ALI-ABA Course of Study on Inverse Condemnation and Related Government Liability. Available on Westlaw at SJ052 ALI-ABA 35.

The Theory of Property and Why it Matters, 2004 ALI-ABA Course of Study on Eminent Domain and Land Valuation Litigation, SJ051 ALI-ABA 491

Blight Lite, 2003 ALI-ABA Course on Eminent Domain and Land Valuation Litigation, available on Westlaw at: SH053 ALI-ABA 43

Private Property Rights and the Environment after Palazzolo, 30 Boston College Environmental Affairs Law Review 1 (2002)

The Latest Take on Background Principles and the States' Law of Property After Lucas and Palazzolo, 24 University of Hawaii Law Review 497 (2002); reprinted in 2003 Zoning and Planning Law Handbook, at 137 (Patricia F. Salkin, ed.) (2003).

Can the Existence of Value in Property Avert a Regulatory Taking When Economically Beneficial Use Has Been Destroyed?, in Takings Sides on Takings Issues: Public and Private Perspectives, (Thomas Roberts, ed. 2002)

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