The ruling may well be both correct and consistent with the same court's earlier ruling in favor of a different set of plaintiffs arising from the same events. But the opinion does still have a few notable flaws.
Gil Cedillo, city councilmember, has introduced a motion asking the city to study its options for seizing the 124-unit Hillside Villa.
Forthcoming Article on "Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent"
The article explains why the Supreme Court was justified in overruling longstanding precedent in this important recent constitutional property rights case.
Many jurisdictions are alleviating housing shortgages by cutting back on zoning. Unfortunately, there is also a trend towards expanding rent control, which is likely to have the opposite effect.
The decision is significant in itself and has important implications for other cases where the government deliberately damages private property in the process of coping with natural disasters.
Institute for Justice Takes up Case where Federal Court Ruled Government Owes no Compensation to Innocent Property Owner Whose House was Destroyed By Police
The prominent libertarian public interest firm hopes to get the decision reversed, possibly by the Supreme Court.
The Institute for Justice asks the Supreme Court to block sneaky tactics that prevent victims of property grabs from recovering their legal costs.
I took part in panels on these topics at the recent Federalist Society National Lawyers Convention
The bill, which the state House passed yesterday, says police may seize vehicles in which they find untaxed vaping products.
"You have a situation where a person owed $8 and lost their house. I mean, how is that equitable?" asked Michigan Supreme Court Justice Richard Bernstein.
A Michigan Man Underpaid His Property Taxes By $8.41. The County Seized His Property, Sold It—and Kept the Profits.
A state law allows counties to effectively steal homes over unpaid taxes and keep the excess revenue for their own budgets.
The ruling is a continuation of the same case in which the federal Supreme Court ruled that the Excessive Fines Clause of the Eighth Amendment is "incorporated" against state governments and applies to asset forfeitures.
Federal Court Rules there is no Taking if the Police Destroy an Innocent Person's House During a Law Enforcement Operation
The ruling has considerable backing from precedent. But it is nonetheless based on a deeply flawed doctrine.
The Drone Integration and Zoning Act seeks to expand private property rights and give localities more say in airspace regulation.
Instead of Suing or Appealing to Regulators, These Manhattanites Paid Market Price for Their Condo Views
NIMBYs can keep their views. They just have to pay for them.
Miami Beach's crackdown on Airbnb is "in jarring conflict" with a state law capping municipal fines at $1,000 per day, Judge Michael Hanzman ruled.
The Minneapolis city council just made the rental business a lot riskier for property owners.
My New Article on the Supreme Court's Recent Decision in Knick v. Township of Scott—an Important Takings Case
The article is now available for free on SSRN.
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.
OK for Restaurant to Eject City Councilman Whose Political Positions "Had Financially Harmed" the Restaurant
California public accommodations law has been read as banning discrimination based on "political affiliation," but the court concluded that this didn't apply to discrimination based on "political views" more broadly (or based on votes as an elected official).
There’s no need to pit property owners against imperiled species.
The concerns I expressed about her record on property rights when I testified at her 2009 confirmation hearing were justified. But she has compiled an admirable record on several other issues.
Owners painted the house bright pink and added two funny emojis after neighbors complained about illegal Airbnb rentals.
The City Wants to Evict This Family Because a House Guest Committed a Crime They Didn't Know About Somewhere Else
Under its "crime-free housing program," Granite City, Illinois, holds tenants strictly liable for illegal activity by a household member.
Denver NIMBYs are using historic preservation laws to stop a restaurant owner from selling his diner to a developer so he can retire.
Lawsuit Challenges Ordinance Requiring Eviction of Entire "Household" if One Member Has Committed a Crime
The case was brought on the family's behalf by the Institute for Justice, a prominent public interest law firm.
Landlords are suing to overturn state rental regulations that limit how much they can charge tenants and who they can rent to.
The late Supreme Court justice was an inconsistent defender of civil liberties.
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.
Local governments can't outlaw home vegetable gardens under a new Florida law.
Indiana Is Still Arguing That It's Constitutional To Seize Your Car for Driving 5 MPH Over the Speed Limit
"Historically the answer to that question is yes, and we're sticking with that position here."
New Law Stops IRS From Stealing People's Money Simply Because It Deems Their Bank Deposits Suspiciously Small
A provision of the Taxpayer First Act requires evidence of other illegal activity for seizures based on "structuring" and mandates prompt hearings.
“Our role is to enforce the Takings Clause as written.”
Supreme Court Overrules Precedent that Created "Catch-22" for Property Owners Attempting to Bring Takings Cases in Federal Court
The close 5-4 ruling is an important victory for constitutional property rights.
The lawsuit is the second filed this year challenging Chicago's punitive and corrupt towing program.
A new study by the Institute for Justice says federal asset forfeiture funds have little to no impact on solving crimes, suggesting police are more interested in the revenue it generates
In his recent memoir, he admits he seriously misinterpreted precedent in one of his most controversial decisions, but maintains he still got the result right.