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.
Property Rights
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.
The Cops Took This Guy's $15,000 Jeep Because His Girlfriend Allegedly Used It for a $25 Marijuana Sale
Kevin McBride argues that Arizona's civil forfeiture law is unconstitutional.
Minneapolis Tells Residents With Riot-Wrecked Buildings They Can't Clean Up Until They've Paid Their 2020 Property Taxes in Full
After failing at the one thing people think they need from government, Minneapolis is getting tough on making damaged citizens pay up.
The Cops Took This Guy's Car Because He Unwittingly Rented It to an Alleged Drug Dealer
Like other innocent owners, Manni Munir finds that fighting a civil forfeiture can cost more than the property is worth.
Everybody Is Jumping to Conclusions About This Couple's Show of Force in Response to Trespassing Protesters
Mark and Patricia McCloskey's justification for brandishing their guns depends on facts, not ideology.
County Wants Answers From Treasurer Who Seized Man's Home Over $8 Tax Bill
Officials in Oakland County, Michigan, are worried they could be on the hook for more than $30 million in payments to former homeowners victimized by an aggressive forfeiture scheme.
Michigan Supreme Court Rules Government Can't Seize Entire Value of Home Over Property Tax Delinquency Worth $8.41
The Court unanimously ruled such a tax "forfeiture" qualifies as a taking for which compensation must be paid.
Michigan Supreme Court Rebukes County That Seized Home Over $8.41 Tax Debt
Uri Rafaeli was one of hundreds of Michigan homeowners to be victimized by the state's overly aggressive property tax forfeiture law.
En Banc D.C. Circuit Delivers Big Win for Landowners
The U.S. Court of Appeals for the D.C. Circuit rejects a procedural trick used by FERC to avoid judicial review.
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.
The 15th Anniversary of Kelo v. City of New London
Today is the anniversary of one of the most controversial - and most unpopular - property rights decisions in the history of the Supreme Court.
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."
The Year Gun Control Died
Gun opponents would leave predatory cops armed and their victims helpless.
Audio of Federalist Society Teleforum on Whether Enterprises Closed by Coronavirus Shutdown Orders are Entitled to Compensation under the Takings Clause of the Fifth Amendment
I debated Prof. F.E. Guerra-Pujol. Prominent takings lawyer Robert Thomas moderated.
Are People Allowed to Use Deadly Force to Defend Property?
It depends, whether as to looting or other threats to property.
Indiana Returns Land Rover Seized in Landmark Asset Forfeiture Case - But Continues the Legal Battle Over its Ultimate Fate
In Timbs v. Indiana, the US Supreme Court ruled that the Eighth Amendment's Excessive Fines Clause applies to state asset forfeiture seizures. But key issues were left for lower courts to resolve.
Indiana Returns Land Rover Seized 7 Years Ago in Landmark Asset Forfeiture Case
Indiana is still fighting to keep Tyson Timbs' SUV seven years after it first seized the car, but for now, it's back in Timbs' driveway.
County Threatens Fines, Demands Expensive Alterations From Arizona Couple Hosting Free Yoga Classes and Potlucks on Their Property
Joshua and Emily Killeen are suing Yavapai County, Arizona, for what they claim are unconstitutional restrictions on their ability to advertise their business and host events on their rural property.
No, the Kelo Case Doesn't Require Takings Compensation for Businesses Closed by Coronavirus Shutdown Orders
Despite a contrary argument by Prof. Enrique Guerra-Pujol, Kelo doesn't even address the relevant issue.
Ninth Circuit Refuses to Reconsider Ruling that Mandating Union Organizer Access to Employer Property is not a Taking - but Eight Judges Dissent
The case is an important one that could be headed to the Supreme Court.
Fordham Urban Law Journal Symposium on Knick v. Township of Scott
I have a contribution (coauthored with Shelley Ross Saxer) in this symposium on last year's important Supreme Court takings decision.
Our Amicus Brief Urging the Supreme Court to Consider Takings Case in Which Authorities Refused to Compensate Innocent Owners of House Destroyed by Police
The brief was filed by the Cato Institute on behalf of both Cato and myself.
Pennsylvania Supreme Court Rejects Takings Challenge to Coronavirus Shutdown Order
The Court's decision follows almost exactly the same line of reasoning as I had expected.
Penn. S. Ct. Rejects Takings Challenge to Governor's Shutdown Order
Alternative title: It's Always Locked Down in Philadelphia.
California's Eviction Ban Will Worsen Current Economic Woes
Yes, tenants are losing their jobs because of the COVID-19 shutdown, but forcing businesses to provide services for free would have a ripple effect.
My New "Atlantic" Article Making the Case for Strengthening Protection for Property Rights
It particularly emphasizes ways in which weak property rights harm the poor and disadvantaged.
Does the Takings Clause Require Compensation for Coronavirus Shutdowns?
Under current Supreme Court precedent, the answer is almost always going to be "no." But some compensation may be morally imperative, even if not legally required.
Federal Court Rules Against Plaintiffs in Second Hurricane Harvey Takings Case
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.
The Tear of Allah
The Chinese Communist Party confiscated a sacred meteorite from Muslim herders. They're suing to get it back.
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.
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.
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