Justice Gorsuch Wants To Hear More (Takings) Cases
Justice Gorsuch shows more interest in property rights challenges than his colleagues on the Court.
Property Rights
The Housing Election That Won't Fix the Housing Crisis
Victory in the fight for cheaper housing, a more liberal land-use regime, and greater property rights won't come from the White House.
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.
Saudi Arabia's 'The Line' Violates Human Rights and Common Sense
Inhumane labor practices, worker deaths, and the forced eviction and repression of local residents have characterized the kingdom's efforts to build a miles-long linear skyscraper in the desert.
After 100 Years, End the Open Fields Doctrine
Federal agents are allowed to search private property without a warrant under this Prohibition-era Supreme Court precedent.
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.
Local Governments Are Seizing and Selling Homes Over Small Tax Debts
Home equity theft happens when governments auction off seized houses and keep the profits—even once the tax bill is paid.
In Rush to Redevelop, a California City Tramples Property Rights
Urban renewal efforts should recognize that existing businesses and new residents can coexist.
Chip Mellor's Legacy Promotes a Broader Concept of Civil Liberties
For more than three decades, the Institute for Justice has shown that economic freedom and private property are essential safeguards for ordinary Americans.
William "Chip" Mellor, RIP
Mellor was cofounder and longtime president of the Institute for Justice, one of the nation's leading public-interest law firms.
What Happens When FEMA Buys Your House?
As hurricane damage mounts, the government is buying—and sometimes seizing—homes in flood-prone areas, sparking concerns over property rights and accusations of discrimination.
D.C.'s COVID-Era Eviction Policies Come Back To Bite
Plus: Massachusetts NIMBYs get their day in court, Pittsburgh one-step forward, two-steps back approach to zoning reform, and a surprisingly housing-heavy VP debate.
Learning the Wrong Lessons From the Eminent Domain Legacy at Chavez Ravine
Progressives are trying to fix the errors of the past, but they're ignoring the best solution: More robust property rights.
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.
Virginia Court Rules Against Arlington "Missing Middle" Zoning Reform
The ruling highlights need for state-level zoning reform and stronger judicial protection of constitutional property rights.
Revised Versions of Articles on "The Constitutional Case Against Exclusionary Zoning" and "Land Use Regulation" Now Available
Revised versions of both publications are now up on SSRN.
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."
California County Fines Man $120,000 for Refusing to Evict a Family From His Property
Plus, a look at Rep. Alexandria Ocasio-Cortez and Sen. Tina Smith's plan to resurrect public housing in America.
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.
A Movie Mirrors the Stranger-Than-Fiction Reality of Civil Asset Forfeiture
The outrageous seizure at the center of Rebel Ridge resembles real-life cash grabs.
My New Schweizer Monat Article on "Open Borders" Immigration
A Swiss publication invited me to write this article making the case for open borders.
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.
My New Article "The Presumptive Case for Organ Markets"
t makes case that enormous benefits of organ markets create a strong presumption in favor of legalization that standard objections don't even come close to overcoming.
Photo: When the City Says Your Boat Needs a Fence
The city of Seaside, California, ordered a man to cover the boat parked in his driveway. He offered a lesson in malicious compliance.
What the Federal Government Can do to Alleviate the Housing Crisis
Harvard economist Edward Glaeser, a leading expert on housing policy, offers some ideas on how Congress can use conditional spending to break down barriers to housing construction.
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.
Is Mobility More Important than Density?
Economist Tyler Cowen argues the answer is "yes." But much depends on what kind of mobility we're talking about.
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.
Harris and Trump Offer Terrible Housing Policies
With minor exceptions, their proposals are likely to do more harm than good.
Michigan Officials Tried To Stop a 'Green' Cemetery. They Just Lost in Court.
After a Michigan couple indicated their intent to open a green cemetery, their local township passed an ordinance to forbid it. A judge found the rule unconstitutional.
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.
YIMBYism is the Ultimate Localism
If you want "local control" of land use, the best way to do it is let property owners decide how to use their property for themselves.
Proposed New York City Hotel Regulation Threatens To Push Prices Even Higher
With prices skyrocketing, the city is weighing whether to regulate hotels further by barring them from hiring contracted workers.
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.
The DEA Claims To Be Able To Search Your Bag Without Your Consent. But Can They?
Recent footage shows a federal agent attempting to search a citizen’s bag without their consent, despite precedent saying that’s illegal.
Mercatus Center Study Documents Progress on Housing Reform
Many states have enacted laws curbing exclusionary zoning and other regulations that block new housing construction.
This Colorado Church Wants To Shelter the Homeless. The Town Won't Let It.
The Church of the Rock is suing, arguing that the zoning crackdown in Castle Rock violates the First Amendment.
A Religious Freedom Case for "YIGBY"
Notre Dame law Prof. Patrick Reidy argues that religious organizations are entitled to faith-based exemptions from zoning restrictions preventing them from building affordable housing on their land.
When the Government Came for Florida's Orange Trees
The state cut down private fruit trees and offered gift cards as compensation. It didn't solve the citrus canker problem.
Wisconsin Supreme Court Rules Sidewalks are not "Pedestrian Ways"—thus Allowing Local Governments to Use Eminent Domain to Take Property to Build Them
The close 4-3 decision might well become a staple of textbooks.
"Yes in God's Backyard"—A Useful, But Limited Form of Housing Deregulation
There is a growing movement to let churches and other religious organizations build housing on their property that would otherwise be banned by zoning regulations.
NIMBY Towns, Fake Parks, and Eminent Domain
Plus: unpermitted ADUs in San Jose, Sen. J.D. Vance's mass deportation plan for housing affordability, and the California Coastal Commission's anti-housing record.
New Atlantic Article on "The Constitutional Case Against Exclusionary Zoning"
It is coauthored with Josh Braver.
Conflicting Evidence on Public Support for YIMBY Zoning Reform
Recent studies diverge on the extent to which public opinion backs policies that would deregulate housing construction. YIMBYs would do well to learn from both.
