NFIB has submitted an amicus brief in the case of Cynthia Fisher, et al. v. City of Ocean Springs, Mississippi, currently before the U.S. Court of Appeals for the Fifth Circuit. The case addresses whether Mississippi law restricts property owners' ability to contest blight designations, which can negatively impact property values and potentially lead to government acquisition.
Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center, stated, “Small business landowners deserve the right to challenge the government’s acquisition of their private property.” She further explained that Mississippi's current procedure regarding blight designations limits these rights. Milito added that "numerous other states require additional steps and procedures that better prevent government overreach and ensure that government seizure of private property is meaningfully scrutinized." NFIB hopes for a more protective process for small businesses’ property rights in Mississippi.
The brief submitted by NFIB evaluates blight designation procedures from various states outside Mississippi. It highlights how some states provide individual notice to property owners and allow them an opportunity to challenge such designations. Additionally, it considers states permitting challenges during eminent domain proceedings. According to NFIB, Mississippi's laws significantly restrict a property owner's ability to defend against or dispute blight designations.
The NFIB Small Business Legal Center is dedicated to defending small business owners' rights in courts nationwide. Currently, NFIB is involved in over 40 cases at both federal and state levels across the United States, including cases in the U.S. Supreme Court.
