Pacific Legal Foundation has joined a federal lawsuit over a home once owned by Marilyn Monroe to expand protections for all Americans’ property rights by challenging the City’s high-profile abuse of power.
A California couple is suing Los Angeles for violating their Fifth Amendment rights by declaring their property a historical monument and revoking already granted demolition permits. Brinah Milstein and Roy Bank argue that the City has taken their property rights without just compensation by eradicating all viable economic uses for the property and causing the public to trespass to view the new “monument.”
In 2023, Milstein and Bank bought the deteriorating property to demolish and redevelop. The City approved their demolition permits, then abruptly reversed course. It began the process of designating their property
The new historical designation left Milstein and Bank trapped. The City had effectively turned their private property into a public monument without paying for it. And the public came anyway — fans flew drones overhead, trespassers scaled the walls, and burglars broke in hunting for traces of Monroe. The City had created a tourist attraction; Milstein and Bank were left to secure and fund it. Milstein and Bank tried to work with the City,offering to personally pay to relocate the home to create an accessible public museum. The City refused, leaving no remedy but the courts.
“These homeowners have a straightforward request: either let them use their own property or compensate them fairly for turning it into a public monument,” said J. David Breemer, an attorney with Pacific Legal Foundation. “The Fifth Amendment doesn’t have caveats. If the City of Los Angeles wants a museum, it must pay for one — not force private homeowners to bear the cost and liability.”
The U.S. Constitution guarantees all Americans the right to just compensation when the government takes their property. The City of Los Angeles is no exception.
@Shared courtesy of Pacific Legal Foundation
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