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.
Takings
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.
Squatters' Rights Laws Violate the Takings Clause
Where these laws allow squatters to occupy houses without the owner's consent, they qualify as takings of private property that require payment of compensation under the Fifth Amendment.
Cross-Ideological YIMBY Coalition Defies Increasing Polarization - So Far
The New York Times and the Atlantic report on how the movement to curb exclusionary zoning and build more housing has managed to cut across ideological lines.
Matt Yglesias on the Takings Clause and Curbing Exclusionary Zoning
Prominent political commentator and zoning reform advocate comments on my work on this topic (with Joshua Braver).
New Article on "The Constitutional Case Against Exclusionary Zoning"
Coauthor Josh Braver and I argue exclusionary zoning violates the Takings Clause of the Fifth Amendment.
Oral Argument in Devillier v. Texas Suggests Victory for Property Rights Likely
Both conservative and liberal justices seem to oppose letting states get away with violating the Takings Clause merely because Congress hasn't enacted a specific law enforcing it against them.
Supreme Court Oral Argument Indicates "Radical Agreement" that there is no "Legislative Exception" to the Takings Clause
That's the big takeaway from yesterday's oral argument in Sheetz v. County of El Dorado. But it's not clear whether the Court will resolve any additional issues, and if so how.
Video of Federalist Society "Seat at the Sitting" Panel on Upcoming Supreme Court Cases
The panel covered many cases and featured views many would not expect at a Fed Soc event.
This Innocent Woman Is on the Hook for Thousands After a SWAT Team Destroyed Her Home
An error-prone investigation in search of a fugitive led police to Amy Hadley's house.
My Contribution to Brennan Center Symposium on the Most Significant State Constitutional Cases of 2023
I focus on the Washington Supreme Court's flawed decision holding an eviction moratorium is not a taking of private property.
Cato Amicus Brief in the Texas and Florida Social Media Cases
The brief urges the Supreme Court to reverse its badly misguided precedent in Pruneyard v. Robins.
County Eminent Domains the Strip Club Next Door to Make Room for More Parking
Owners of Wilmington, North Carolina's Cheetah Premier Gentlemen's Club say they were blindsided by the seizure.
Our Amicus Brief in Devillier v. Texas - an Important Takings Case Before the Supreme Court
The amicus brief is on behalf of the Cato Institute and myself.
Fund Ukraine's War Effort by Confiscating Russian Government Assets
The $300 billion in frozen Russian state assets in Western nations could fund a large part of Ukraine's defense.
The Best Hope to Rein in Rent Control Is Lurking on the Supreme Court's Docket
The U.S. Supreme Court keeps putting off deciding whether to take up a challenge to New York's rent control scheme.
Can an Unconstitutional Law Force You To Sell Your Home to a Private Investor?
A zombie law, thrown out in court, continues to wreak havoc because it’s referenced in a contract.
Supreme Court Will Hear Case on Whether there is a "Legislative" Exception to the Takings Clause
The case will consider whether the government is exempt from takings liability for imposing exactions as a condition of development rights in situations where the exaction is imposed by legislation. Unlike many Supreme Court cases, this one can be resolved very easily by applying a basic principle of constitutional law.
Supreme Court Will Review Fifth Circuit Ruling that Creates a Catch-22 for Takings Claims Against State Governments
The badly flawed lower court ruling defies the Supreme Court's landmark 2019 decision forbidding such Catch-22 traps, and threatens the property rights of large numbers of people.
Another Takings Case in Which Law Enforcement Severely Damaged an Innocent Person's Property
In this case, an LA SWAT team destroyed an innocent store owner's shop in the process of trying to catch a suspect.
A SWAT Team Destroyed an Innocent Man's Shop. Then the City Left Him With the Bill.
Carlos Pena's livelihood has been crippled. It remains to be seen if he'll have any right to compensation.
Qualified Immunity Meets the Takings Clause
A Sixth Circuit decision holds qualified immunity protects a state elevator inspector from being sued for taking a hotel's property.
Federal Circuit Rules Temporary-but-Recurring Flooding of Property by the Government is an Automatic per se Taking
If the government floods private property on a recurring basis, it is automatically required to pay compensation, and owners' claims are not subject to a balancing test.
Upcoming Symposium Opportunity on "Rethinking Penn Central"
The Pacific Legal Foundation is sponsoring a symposium on this important issue, which may be of interest to legal scholars and others.
Are Abortion Bans Takings?
Legal scholar Julie Suk argues the answer is "yes." The idea has a solid basis in natural rights theory, but is at odds with longstanding legal doctrine. It also has potentially very broad libertarian implications.
The Source of Law in Tyler v. Hennepin County
a sub silentio invocation of the general law and positive law approaches
My New Brennan Center Article on Tyler v. Hennepin County and the Cross-Ideological Case for Stronger Judicial Protection for Constitutional Property Rights
The Tyler home equity theft case is just the tip of a much larger iceberg of property rights issues where stronger judicial protection can protect the interests of the poor and minorities, as well as promote the federalist values of localism and diversity.
Major Unanimous Supreme Court Victory for Property Rights in Tyler v. Hennepin County
The Supreme Court ruled that home equity theft qualifies as a taking, and that state law is not the sole source for the definition of property rights. The ruling is imprecise on some points, but still sets an important and valuable precedent.
