California Returns Beach Property Wrongly Taken From Black Family via Eminent Domain
The government confiscated Bruce's Beach at racists' behest.
Eminent Domain
PennEast Abandons Plans to Use Eminent Domain to Seize State-Owned Land in Case that Resulted in a Major Supreme Court Decision
The case was the subject of a Supreme Court ruling in which the power of eminent domain prevailed over state sovereign immunity.
Two More Worthy Additions to the "Anticanon" of Constitutional Law—Berman v. Parker and Euclid v. Ambler Realty
Second in a series of posts on historically awful Supreme Court decisions that deserve more opprobrium than they get.
My Washington Times Article Making the Case for Increasing Compensation and Procedural Protections for Property Owners Who Lose their Land to Eminent Domain
It's the second in a two-part series on eminent domain reform.
Should an Originalist Justice Support Overruling Kelo v. New London?
The general assumption that the Fifth Amendment bars takings for economic development purposes rests on shaky ground.
Three Supreme Court Justices Signal Willingness to Reconsider Kelo v. City of New London
It's an indication that the notorious decision holding that the government can take property for private "economic development" may be vulnerable.
Thomas and Gorsuch Say Kelo Eminent Domain Ruling 'Was Wrong the Day It Was Decided' and 'Remains Wrong Today'
The controversial 2005 case "strayed from the Constitution," say Thomas and Gorsuch.
Eminent Domain Prevails Over Sovereign Immunity in Supreme Court Case Both Sides Deserved to Lose
The Court's ruling in PennEast allows the federal government to delegate the power of eminent domain to private firms seeking to condemn state-owned property.
Greg Abbott's Border Wall Plan Is Doomed To Fail
The Texas governor wants to keep incoming migrants out at all costs. But those costs are insurmountable.
When Eminent Domain Is Used for Economic Assassination
Government officials who wield land grabs to pick economic winners and losers now want to use them to kill disfavored businesses.
A Supreme Court Eminent Domain Case Both Sides Deserve to Lose
PennEast v. New Jersey features a clash between the power of eminent domain and state sovereign immunity.
After Promising To Stop Land Seizures, the Biden Administration Just Stole This Family's Property for a Border Wall
"We are utterly devastated," said Baudilia Cavazos.
How Biden Can Terminate Trump's Border Wall Project—And Save Money and Protect Property Rights in the Process
Joe Biden can easily stop further work on the wall, protect property owners against further takings of private property, and save money in the process. Additional steps may be tougher, but are still worth considering.
Foxconn Debacle is Yet Another Example of the Dangers of Using Eminent Domain to Promote Economic Development
As in many previous cases, government officials promised huge economic gains from seizing property for transfer to private interests - but failed to deliver.
Trump's Foxconn Deal Became Just Another Government Development Debacle
The Taiwanese manufacturer promised Trump and then–Governor Scott Walker 13,000 new jobs and a state-of-the-art manufacturing plant. They've delivered a mostly empty building that's one-twentieth the promised size.
The Death of Ruth Bader Ginsburg and the Future of the Supreme Court
What's next for SCOTUS?
New York's Highest Court Upholds Taking of Private Property for Pipeline that Might Never Get Built
The 4-2 ruling is reminiscent of the federal Supreme Court's dubious decision in Kelo v. City of New London, which also upheld a condemnation for a project that turned out to be a dud.
Israeli Supreme Court Strikes Down Law Authorizing Expropriation of Palestinian Private Property for Use by Israeli Settlers—and Cites my Work on Eminent Domain in the US in the Process
The decision distinguishes US Supreme Court cases allowing the government to transfer property from one private party to another for almost any "public purpose."
Yes, the Constitution Means Your Political Opponents Get Due Process Too
Americans are so locked into their political sides that many of them seem willing to cast aside some of the nation's long-established constitutional protections.
L.A. Politicians Want To Seize Private Apartment Building to Prevent Rent Increases
Gil Cedillo, city councilmember, has introduced a motion asking the city to study its options for seizing the 124-unit Hillside Villa.
Republicans Choose Trumpism Over Property Rights and the Rule of Law
Trump is just who he said he'd be four years ago. By rallying around him, Republicans are choosing to brand themselves in his image.
Trump Reportedly Told Subordinates To Break Laws in Order To Build His Border Wall Before 2020
A disturbing picture of a president willfully condoning not only the use of eminent domain to seize private land from Americans for a pet project, but also suggesting—perhaps ordering—his underlings to violate laws in pursuit of that objective.
How Justice John Paul Stevens Shaped—and Misshaped—American Law
The retired Supreme Court justice has died at 99.
Update on the Preakness Takings Case
The City of Baltimore has dropped its attempt to use eminent domain to take the Preakness Stakes Horse Race. But questions linger about the city's willingness to continue to use the threat of condemnation to force Preakness and other commercial enterprises to stay in the city.
New York City Landmarks Historic Bookstore The Strand Over Owner's Objections
"They want to put a bureaucratic noose around me," says Nancy Bass Wyden, third-generation owner of New York's best bookstore. "We're just asking to be left alone."
John Paul Stevens Is Still Trying To Defend the Kelo Debacle
In his new memoir, the retired justice seeks to justify his awful eminent domain ruling.
Will Connecticut Finally Enact Meaningful Eminent Domain Reform?
Fourteen years after the notorious Kelo case, the state where the case originated still has one of the nation's weakest eminent domain reform laws. A bill currently before the state legislature could change that.
Will Connecticut—Home of the Kelo Supreme Court Case—Finally End Eminent Domain Abuse?
A bill in the state legislature would stop cities from seizing property and handing it over to developers.
Baltimore Tries to Use Eminent Domain to Condemn the Preakness Stakes Horse Race
The condemnation is legally dubious. And even if the city prevails in court, it is likely to come out a loser. Baltimore should listen to naysayers who advise letting the neighsayers move to another location.
Implications of Today's Senate Vote Against Trump's Border Wall "Emergency" Declaration
How the overwhelming vote against Trump's position could potentially affect the lawsuits challenging the legality of the declaration.
Democrat Senator on Trump's Enthusiasm for Eminent Domain: 'Language You'd Expect Out of Some Autocrat'
"What a betrayal of conservative principles this is," Sen. Michael Bennet says.
State Can't Bulldoze Man's Atlantic City Home for Undefined 'Mixed Use Project,' N.J. Court Rules
A win for private property rights, and a defeat for proponents of eminent domain.
New Jersey Court Strikes Down Use of Eminent Domain to Take Property to "Bank" it for Possible Future Use
The court concluded that property may only be condemned for projects that will proceed in "the reasonably foreseeable future."
My USA Today Op Ed on Using Emergency Powers to Build Trump's Wall
The op ed explains why this option is not legal - and why it would set a dangerous precedent if the president succeeded in doing it.
My New "Washington Post" Op Ed on Eminent Domain and the Border Wall
The op ed describes the extensive harm likely to be caused by condemning the large amounts of private property that would need to be seized to build the wall.
Anti-Wall GOP Rep. Will Hurd: 'There's a Thing We Care About in Texas Called Private Property Rights'
Some members of Congress still care about private property.
Rep. Justin Amash Takes on Eminent Domain with 'Just Compensation' Bill
The bill would likely stop Trump from using the "military version of eminent domain."
My Op ed on Trump, Emergency Powers, and the Wall
The op ed was published yesterday in the New York Daily News, but may be even more relevant today.
Eminent Domain, Emergency Powers, and Trump's Wall
Can Trump really exploit emergency powers to use eminent domain to build his wall without additional congressional authorization? If he succeeds, conservatives are likely to regret the precedent he sets.
Trump's Terrible Record on Property Rights
The President's recent threat to use "the military version of eminent domain" to seize property for his border wall is just the tip of a larger iceberg of policies and legal positions inimical to constitutional property rights.
What the Hell Is the 'Military Version of Eminent Domain'?
Whatever it is, it can't be good.
GM Will Shut Down Factory Built on Land Seized in Controversial 1981 Poletown Taking
The factory stands on land seized in a taking that forcibly displaced over 4000 people, and attracted widespread widespread opposition. The lessons and legacy of the Poletown case remain relevant today.
The 5 Worst Supreme Court Rulings of the Past 50 Years
Cases in which a majority of the Court fell down on the job.
