Most of the discussion was focused on the wrong issue. What matters under the Takings Clause is not the "fairness" of the process by which the owner's house was taken, but whether he got adequate "just compensation."
The libertarian-leaning economist warns of the coming “Venezuelization” of Peru.
Large investors are a small, beneficial presence in the single-family home market.
“We’re standing up not just for ourselves, but for the principle that government must respect property rights.”
Harvard law Prof. Maureen Brady uncovers relevant evidence from late-nineteenth century state constitutional conventions.
The president's order is not the comprehensive ban on large investor–owned housing that he promised. But it could still have a chilling effect on the single-family rental market.
The American Prairie nonprofit seeks to create a 5,000-square-mile prairie reserve in Montana where buffalo may roam and antelope play.
The state requires carry permit holders to obtain advance permission before bringing firearms into businesses.
History is very clear that property rights and capitalism are necessary for society to flourish.
There is no evidence that institutional investors increase prices. Barring them from the market could actually exacerbate the housing crisis.
Despite their general ignorance of constitutional law, bears pose a much less grave threat to your civil liberties than humans do.
I co-edited the symposium along with Eric Claeys and David Schleicher, and am also one of the contributors.
Contributors include Eugene Volokh and myself, among many others.
I wrote it (with help from others) on behalf of the Cato Institute and a group of takings and property scholars.
The Cato Institute has posted one on its website.
We can make housing more affordable and empower people to "vote with their feet" by curbing exclusionary zoning. Left and right should support that instead of counterproductive snake oil like rent control, tariffs, and deportations.
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.
The Eleventh Circuit concludes "there is no COVID exception to the Takings Clause."
I participated along with James Burling (Pacific Legal Foundation), Prof. Peter Byrne (Georgetown), and Prof. Sara Bronin (George Washington University).
Steven Hayward has the final word in the recent Law & Liberty Forum on the future of environmental policy.
A discussion on the "Taboo Trades" podcast.
After a nationwide uproar over Cranbury, New Jersey's plan to seize Andy Henry's farm, the township says it's found another site to place a planned affordable housing development.
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.
Over $300 billion in Russian state assets are frozen in the West. It's long past time they were used to help Ukraine resist Vladimir Putin's war of aggression.
In 2025, momentum behind state-level supply-side housing reforms accelerated almost everywhere.
The Trump Administration's recent abuses of the agency's powers lend weight to longstanding libertarian arguments for abolishing it, going back to Nobel Prize-winning economist Ronald Coase's classic 1959 article.
Gloria Gaynor had almost finished paying off her house in Upper Darby, Pennsylvania. But she will not see a dime in equity.
Plus: San Francisco preliminarily passes citywide upzoning, a New Jersey town backs off family farm seizure, and YIMBY martial law ruled illegal in Hawaii.
Federal rules under the Endangered Species Act often treat landowners as adversaries. Recent court victories suggest a better way forward.
Labor Day is a great time to remember that we can make workers vastly better off by empowering more of them to vote with their feet, both within countries and through international migration.
The mayor abandoned the plan after it aroused strong political resistance and threats of litigation.
They have done so banning or severely restricting low-cost "single-room occupancy" (SRO) housing.
A recent federal appeals court decision underlines the importance of that safeguard.
Highlighting individual wonky rules that drive up housing costs is good. But getting America building again is going to require more than a few marginal reforms.
The roughly 25-inch plot has a mosaic reading, "Property of the Hess estate which has never been dedicated for public purposes."
St. Catherine’s Monastery has been continuously inhabited for over 1,500 years. An Egyptian court ruling ended the monastery's longstanding separation from the government.
Property rights, public law, the police power, and the eminent domain power.
The province says this will prevent forest fires. Those who violate the ban will face a $25,000 fine.
Foxes, whales, and injustice toward the property claims of aboriginal tribes.
An overview. (Or, what you can learn about property from John Locke and Monty Python's Flying Circus.)
The family also faced over $1,600 in fines, which were ultimately dropped.
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