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.
Property Rights
Arizona Legislature Passes Bill Requiring Convictions for Asset Forfeiture
If the governor signs the bill into law, Arizona will become the 16th state to require a conviction for asset forfeiture.
A Cross-Ideological Case for Ending Exclusionary Zoning
A recent Century Foundation report highlights reasons why breaking down barriers to building new housing should appeal to left, right, and libertarians alike.
Lessons of an Effort to Compensate Victims of an Unjust Use of Eminent Domain a Century after it Happened
Los Angeles County, California, plans to return land unjustly seized from a black family in 1924.
Ayanna Pressley Wants To Cancel the Rent. She's Also Made at Least $15,000 As a Landlord.
The Massachusetts Congresswoman is a two-time supporter of the Rent and Mortgage Cancelation Act.
Exclusionary Zoning is Even Worse than Previously Thought
Fixing a calculation error in a leading academic article on the subject shows that zoning has a far bigger negative impact on the economy than was previously realized.
How Living on a Socialist Kibbutz Reveals the Value of Private Property
Economist Meir Kohn explains how kibbutz life helped him understand the flaws of socialism and the value of property rights.
My "The Hill" Article on Cedar Point Nursery v. Hassid
My article considers the implications of a major takings case currently before the Supreme Court.
A California Law Allows Union Organizers To Invade Farms Without Permission. This Lawsuit Wants To Change That.
The Supreme Court will decide if the rule violates property rights.
Additional Issues in Cedar Point v. Hassid
In this post, I consider some additional issues that came up in the recent Supreme Court oral argument in an important takings case.
Supreme Court Hears Oral Argument in Major Takings Case - Property Owners Seem Likely to Prevail
The Court seems likely to rule in favor of property rights in Cedar Point Nursery v. Hassid.
Another Federal District Court Rules Against CDC Eviction Moratorium
This is the third court to rule that the moratorium is illegal. Two decisions have upheld it.
CDC Can't Force Landlords To Provide Free Housing, Says Court
Plus: Mexico moves closer to legalizing marijuana, Facebook fights monopoly allegations, and more...
After the Cops Seized Her Car, the Government Waited Five Years Before Giving Her a Chance To Get It Back
In Massachusetts, Malinda Harris argues, civil asset forfeiture routinely violates the right to due process.
A City Charged This Woman More Than $100,000 for Parking on Her Own Property
Sandy Martinez says that fine, along with another $63,500 for driveway cracks and a downed fence, violates Florida's constitution.
Supreme Court Ducks Opportunity to Clarify Regulatory Takings Doctrine - Over a Strong Dissent by Justice Thomas
Thomas is right that the doctrine is a mess. But the Court may not be in any hurry to clean it up.
Supreme Court Rejects Opportunity to Reconsider Penn Central
Justice Thomas dissented from denial of certiorari by himself to urge a revamp of Takings Clause jurisprudence.
South Dakota Supreme Court Rules Property Owners not Entitled to Compensation for Severe Damage to their Home Inflicted by Police During a Law Enforcement Operation
The ruling denies relief under a state constitutional provision requiring compensation for "taking" or "damaging" of private property by the government. Many other states have similar provisions.
Civil Forfeiture Does Not Seem To Reduce Drug Use or Help Fight Crime
A new study provides further evidence that property seizures are driven by financial motives rather than public safety concerns.
The Seemingly Interminable Saga of the Timbs Asset Forfeiture Case Continues
It went all the way to the US Supreme Court, and is now back in the Indiana state Supreme Court for the third time.
California Preservationists Sue To Overturn Law That Requires Property Owners Consent To Having Their Homes Landmarked
The lawsuit from three Orange County preservation groups argues that supposedly historic buildings should be afforded the same environmental protections as "air, water, and forests."
My USA Today Op Ed on Josh Hawley, Freedom of Speech, and Threats to Liberty From Left and Right
Both Hawley's "national conservatism" and similar ideas prevalent in many quarters on the left threaten free speech and liberty more generally.
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.
How Immigrants Make America Great Again (and Again and Again)
A new book documents that newcomers revitalize beliefs in hard work, property rights, and the rule of law.
Man Wins Suit vs. Parents Who Threw Away His Porn Collection (or, How Pornography Is Like Wine)
The interesting legal issue is whether the parents converted his property "for [their] own use," thus entitling him to three times the actual damages under Michigan law.
Right to Get Guns Back Once Temporary Anti-Stalking Injunction Is Dismissed
"We certainly would not fault a trial judge's desire to ensure public safety. But judicial concern, understandable as it may be, does not confer judicial power."
Roxy the Bed Bug Dog: The End of Secure Property Rights in Working Animals?
A N.Y. court applies a "best for all concerned" standard to hold that the employer (which owns the dog) can't get the dog back from the ex-employee with whom the dog worked and lived.
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.
This Forfeiture Victim Waited 2 Years Without a Hearing. Is That Due Process?
The Institute for Justice wants the Supreme Court to rule that the Fifth Amendment requires a prompt post-seizure hearing.
How to Beat Legalized Larceny
Government bullies empowered by civil forfeiture laws often back down, but only when their victims can afford a fight.
Supreme Court Decides to Hear Important Takings Case
It will review a Ninth Circuit decision holding that there is no taking when the government forces property owners to grant union organizers temporary access to their property.
Libertarians Should Make More Use of Referendums
Libertarianism is far from wildly popular, overall. But libertarian causes have done well in referenda in recent years. We can build on that.
Massachusetts Voters Affirm the Right To Repair Your Own Car
The most expensive ballot initiative campaign in Massachusetts history ended with a resounding victory for property rights.
Victories for Liberty, Property Rights, and Nondiscrimination on Three Major California Ballot Measures
Beneficial outcomes on at least three of four important California ballot measures: racial preferences, rent control, and protecting ride-share businesses and workers.
Californians Vote on Four Ballot Measures with Major Stakes for Liberty, Property Rights, and Justice
These votes could have a big impact on the nation as a whole, as well as California.
Why Biden is a Lesser Evil than Trump
Both candidates have serious flaws. But a Trump victory would be a much greater evil than the alternative.
Rethinking the Seattle "CHOP" Takings Case
Property owners are suing the city for helping far-left activists seize control of their property during the period when it allowed the latter to rule an "autonomous zone" covering 16 blocks in the area.
Property Owners' Lawsuit Against Seattle Over Its Toleration of the "CHOP" Takeover Can Go Forward
Plaintiffs allege that Seattle affirmatively supported the Capitol Hill Occupying Protest (rather than just declining to stop it).
Pope Francis Is Wrong. Property Rights Are Human Rights.
The pope conveniently forgets that as a property-rights-based market economy has expanded, grueling poverty has receded worldwide.
Surveying the Federal Government's Kafkaesque System of Legalized Larceny, the 5th Circuit Sees No Due Process Problem
Gerardo Serrano, whose truck was seized over five forgotten handgun rounds, waited two years for a hearing he never actually got.
In 2020, We Have Forgotten How To Leave People Alone
Shopping at Target. Dining outdoors. No activity these days is too mundane for protesters to shout at you for it.
George R.R. Martin Becomes a Victim of NIMBY Zoning Restrictions
Sadly, he's far from the only one. If we want to "break the wheel" of poverty and housing shortages, we need to roll back zoning.
There Is No Defense for Looting
It is one thing to peacefully march against injustice, and quite another to burn down what others built up.
A Nebraska County Took His $25,000 Property To Settle a $986 Tax Debt. Now the U.S. Supreme Court Could Get Involved.
Walter Barnette didn't know that his own land had been sold out from under him until it had already happened.
Seattle and Washington State Are Being Sued Over Their Eviction Moratoriums
A new lawsuit argues that the city and state's eviction bans are an unconstitutional impairment of contracts unrelated to the COVID-19 pandemic.
Trump's Eviction Moratorium Could set a Dangerous Precedent [Updated]
It's a power grab that could undermine federalism and separation of powers, and imperil property rights.
After the DEA Robbed Her of $43,000 at an Airport, She Joined a Class Action Challenging the Agency's Cash Grabs
The lawsuit argues that the DEA is violating the Fourth Amendment by seizing money from travelers without evidence of criminal activity.
Tucson Handyman Gets His Jeep Back After He Threatens to Fight the Forfeiture
The cops seized Kevin McBride's $15,000 car because his girlfriend allegedly used it for a $25 marijuana sale.
