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.
Takings
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.
New London Gives $6.5 Million in Tax Breaks to Developer Planning to Build Housing on Land Condemned in the Kelo Case
The property has remained empty for almost twenty years, after the Supreme Court's controversial ruling upholding its condemnation to promote "economic development."
My Chapter on "Land Use Regulation" For the Forthcoming Routledge Handbook on Classical Liberalism
It provides an overview of several major issues in land-use policy.
Interview on the Eminent Domain Podcast
Bobby Debelak, new host of this podcast, interviewed me about a variety of topics related to eminent domain and property rights.
The First Amendment Right To 'Greenmail' Developers
Plus: The Montana Supreme Court rescues zoning reform, and a new challenge to inclusionary zoning.
This Nebraska Man Almost Lost His Home and All of Its Equity Over a Small Tax Debt. He Just Won in Court.
Kevin Fair fell behind on his property taxes in 2014. The local government eventually gave a private investor the deed to his home.
Baltimore's Tax Sales Are Robbing People of Their Equity
The Edmondson Community Organization accrued a modest property tax debt. The group paid dearly for that.
Federal Appellate Court Rules in Favor of Takings Lawsuit Against the CDC's Covid-Era Eviction Moratorium
The 2-1 decision overrules a trial court decision that went the other way, and could set an important property rights precedent.
Pacific Legal Foundation Report on "Locking Squatters Out: How States Can Protect Property Owners From Squatters"
The report has useful data on the scope of the problem, and recommendations on what can be done about it.
She Underpaid a Property Tax Bill. So the Government Seized Her Home, Sold It—and Kept the $102,636 Profit.
Chelsea Koetter is asking the Michigan Supreme Court to render the state's debt collection scheme unconstitutional.
New Atlantic Article on "The Constitutional Case Against Exclusionary Zoning"
It is coauthored with Josh Braver.
Essay on "How Constitutional Litigation Can Help End Exclusionary Zoning"
A guest post on economist Bryan Caplan's Bet On It substack.
Indiana Court Rules Burritos and Tacos Qualify as Sandwiches
The decision exemplifies a longstanding issue in legal theory. It also highlights the absurdity of zoning rules.
A SWAT Team Blew Up This Innocent Couple's Home and Left Them With the Bill. Was That Constitutional?
Mollie and Michael Slaybaugh are reportedly out over $70,000. The government says it is immune.
Missouri Bill Would Ban Eminent Domain, but Only for Wind and Solar Projects
The Show Me State has plenty of room to rein in laws on taking private property, but instead, lawmakers are focusing only on one very narrow use case.
Combat Homelessness by Ending Exclusionary Zoning
The Eighth Amendment provides little, if any, protection for the homeless. But courts can help them by striking down exclusionary zoning, which is the major cause of housing shortages that lead to homelessness.
House Passes REPO Act Giving President Authority to Confiscate Russian Government Assets in the US and Transfer them to Ukraine
It's a good idea that will hopefully be imitiated by our allies.
Laws Requiring Social Media Firms to Host Content they Prefer to Exclude Violate the Takings Clause
Ethan Blevins of the Pacific Legal Foundation explains why. I myself have made similar arguments.
Upcoming Event on "Solving the Nation's Housing Shortage" [update]
Economist Bryan Caplan, former National Association of Home Builders Director Jerry Howard, and I will speak at event sponsored by the Schar School of Policy and Government at George Mason University.
Supreme Court Issues Narrow Takings Clause Ruling in DeVillier v. Texas [updated]
The Court allows takings suit against Texas to proceed under state law, but doesn't resolve question of whether the Takings Clause is "self-executing."
Supreme Court Rules There Is No "Legislative Exception" to the Takings Clause
The decision is unanimous, though some related issues have been left for later resolution.
Second Circuit Rules that a "Passive Park" Qualifies as a Public Use Authorizing Use of Eminent Domain - Even if this Rationale is a Pretext for a Desire to Block Private Owners' Plan to Build a Hardware Store
The case raises an important issue about what qualifies as a "pretextual" taking. It's a rare takings issue on which I don't have a clear position.
Pioneer Institute Hubwonk Podcast on Exclusionary Zoning and the Takings Clause
In interview with Joe Selvaggi of the Pioneer Institute, I explain the harm caused by exclusionary zoning, and why it violates the Takings Clause of the Fifth Amendment.
