Brennan Center Symposium on "2025's Most Significant State Constitutional Cases"
Contributors include Eugene Volokh and myself, among many others.
Takings
Our Amicus Brief in the Pung v. Isabella County Home Equity Theft Takings Case
I wrote it (with help from others) on behalf of the Cato Institute and a group of takings and property scholars.
Covid Beach Closures, the Takings Clause, and the Police Power Exception
A recent 11th Circuit decision rightly ruled that mandatory Covid beach closures violated the Takings Clause. But the court overlooked the key issue of how to assess the "police power" exception to Takings Clause liability.
COVID Closure of Private Beach Access Constitutes a Taking
The Eleventh Circuit concludes "there is no COVID exception to the Takings Clause."
A New Lawsuit Says New York's Rent Law Is Forcing Landlords To Keep Apartments Empty
Landlords argue that rent caps on vacant units prevent them from financing the costs of legally mandated renovations.
Federalist Society National Lawyers Convention Panel on Zoning, Property Rights, and the Housing Crisis
I participated along with James Burling (Pacific Legal Foundation), Prof. Peter Byrne (Georgetown), and Prof. Sara Bronin (George Washington University).
This Indiana City Doesn't Have To Pay an Innocent Mom $16,000 After Police Wrecked Her Home, Court Rules
Law enforcement launched 30 tear gas canisters into Amy Hadley's home, smashed windows, ransacked furniture, destroyed security cameras, and more. The government gave her nothing.
The Supreme Court Will Hear Another Home Equity Theft Takings Case
This one addresses the issue of whether the owner of a home foreclosed for nonpayment of debt is entitled to "fair market value" compensation, or only whatever the government gets from auctioning off the property, minus the debt owed.
Missouri Judge Backs City's Eminent Domain Redevelopment Plan
By calling the Manchester Road Corridor “blighted,” the city can now use eminent domain to clear the way for a $436 million project.
91-Year-Old Pennsylvania Woman With Dementia Loses $247,000 Home Over a $14,000 Tax Debt
Gloria Gaynor had almost finished paying off her house in Upper Darby, Pennsylvania. But she will not see a dime in equity.
New Jersey Town Drops Plan to Condemn a Church to Build a Park and Pickleball Courts
The mayor abandoned the plan after it aroused strong political resistance and threats of litigation.
New Pew Charitable Trusts Repot on "How States and Cities Decimated Americans' Lowest-Cost Housing Option"
They have done so banning or severely restricting low-cost "single-room occupancy" (SRO) housing.
My New Boston Globe Article on Why Massachusetts Should Reject Rent Control, and Instead End Exclusionary Zoning
Rent control would only make the housing crisis worse. Zoning reform would make things better.
The Government Seized 7 Horses From a Georgia 'Urban Cowboy.' A Court Says He Can Sue.
In a rare and significant decision, a federal court ruled Brandon Fulton can sue directly under the Takings Clause—without Congress creating a specific remedy.
Federal Appeals Court Rules Takings Clause Creates Cause of Action Even Without Additional Federal or State Legislation
Victims of uncompensated takings can sue directly under the Constitution. The case involved uncompensated seizure of horses.
Update on Potential Condemnation of New Jersey Church to Build a Park and Pickleball Courts
After a public outcry, the scheduled vote on the plan to use eminent domain has been postponed indefinitely. If the Town of Toms River does try to condemn the church, there is likely to be a major legal battle.
The Government Took Their Home Equity Over Modest Debts. Michigan's Supreme Court Just Threw Them a Lifeline.
Years after home equity theft was ruled unconstitutional, Michigan keeps looking for ways around the ruling.
For Years, Oregon Stole People's Home Equity Over Modest Tax Debts. A New Law Puts an End to That.
The state just cracked down on a form of state-sanctioned robbery, where governments seized and sold homes over minor tax delinquencies—and then pocketed the profits.
Seattle Property Owners Challenge Program That Charges 'Affordable Housing' Fees for Building New Homes
A new lawsuit alleges that the city's Mandatory Housing Affordability program unconstitutionally penalizes property owners just for trying to build housing.
Life as an Academic Defender of the Intuitively Obvious
Academics are supposed to discover nonobvious, counterintituitive truths. But, especially in recent years, much of my work involves defending positions that seem obvious to most laypeople, even though many experts deny them.
Supreme Court Refuses to Consider Eviction Moratorium Takings Case
But Justice Clarence Thomas wrote a strong dissent to denial of certiorari.
NIMBYism Stifles Housing Construction in Previous Growth Areas
In recent years, exclusionary zoning and other regulatory restrictions have begun to block housing construction in areas where it was once relatively easy.
Federalist Society Webinar on the 20th Anniversary of Kelo v. City of New London
The panelists included Peter Byrne (Georgetown), Wesley Horton (counsel for New London in the case), Timothy Sandefur (Goldwater Institute), and myself.
The 20th Anniversary of Kelo v. City of New London
On this anniversary, I have posted two new articles related to one of the Supreme Court's most controversial decisions.
He Fell Behind on His Taxes. So the Government Seized His Home, Sold It, and Kept the $258,000 Profit.
But now his case against the government can move forward.
Police Blew Up This Innocent Woman's House and Left Her With the Bill. A Judge Says She's Owed $60,000.
Vicki Baker's legal odyssey is finally coming to an end.
New Jersey Town Seeks to Condemn Church to Build a Park and Pickleball Courts
The move may be a pretext for blocking the church's plan to build a homeless shelter. If the town proceeds, it will face near-certain litigation under the federal and state constitutions.
Judge Orders Rhode Island Town To Return Secretly Seized Land to Affordable Housing Developer
Plus: the federal government tries to stiff landlords over eviction moratorium one last time, the Supreme Court declines to take up eminent domain case, and starter home bills advance in Arizona and Texas.
Supreme Court Refuses to Hear Case that Might Have Led to Overruling of Kelo v. City of New London
We don't know why the justices chose not to take it.
Lawsuit Challenges Use of Eminent Domain as NIMBY Tool to Block Housing Project
A Rhode Island town seeks to use eminent domain to block construction of a large-scale affordable housing project.
Choice of Law in Takings Cases After Tyler v. Hennepin County (IV)
Two modest defenses of Tyler’s choice of law strategy.
Choice of Law in Takings Cases After Tyler v. Hennepin County (III)
The Court’s departures from standard choice of law principles (or, takings doctrine for federal courts gurus).
Our Amicus Brief Urging the Supreme Court to Hear Case on Overruling Kelo v. City of New London
The brief is on behalf of the Cato Institute and myself.
Choice of Law in Takings Cases After Tyler v. Hennepin County (II)
The Court's approach to the choice of law question (or, federal courts doctrine for property lawyers).
Choice of Law in Takings Cases After Tyler v. Hennepin County
The Tyler case and the choice of law questions it raises.
He Lost the Title to His Home Over a Small Property Tax Debt. Years Later, He's Finally Getting It Back.
A local government gave ownership of Kevin Fair's Nebraska house—and all of its value—to a private investor, in a practice known as home equity theft.
Supreme Court Can Protect Property Owners From Eminent Domain Abuse
A Utica, New York, land grab offers the justices an opportunity to revisit a widely criticized precedent.
The Government Took a Developer's Land and Gave It to a Competitor. In New York, That's Business As Usual.
The case gives the Supreme Court an opportunity to revisit a widely reviled decision that invited such eminent domain abuses.
A SWAT Team Destroyed an Innocent Woman's House. The Supreme Court Won't Hear Her Case.
Whether or not the government is required under the 5th Amendment to pay such victims will remain an open question.
Institute for Justice Petitions Supreme Court to Take Case Seeking to Overrule Kelo v. City of New London
Kelo is the 2005 ruling in which the Supreme Court held that the government can take property for private "economic development.""
Justice Gorsuch Wants To Hear More (Takings) Cases
Justice Gorsuch shows more interest in property rights challenges than his colleagues on the Court.
Final Published Version of "The Constitutional Case Against Exclusionary Zoning" Now Available
In this Texas Law Review article, Josh Braver and I argue that most exclusionary zoning violates the Takings Clause of the Fifth Amendment.
Supreme Court Refuses to Hear "Passive Park" Public Use Property Rights Case
While I am eager for the Court to take another public use case, I am actually happy the justices chose to reject this one. Its unusual facts made it a poor vehicle for revisiting Kelo v. City of New London.
Governments Are Still Stealing People's Home Equity Over Modest Tax Debts
A handful of states use loopholes to get around a Supreme Court ruling that declared the practice unconstitutional.
Will SCOTUS Take on New York's Latest Eminent Domain Scam?
Two brothers are asking the Supreme Court to stop their town from using eminent domain to steal their land for an empty field.
