Republicans Choose Trumpism Over Property Rights and the Rule of Law
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.
Property Rights
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).
The Houston Flooding Takings Litigation Continues
The federal government continues to deny any liability for deliberately flooding thousands of homes and other property in Houston in the wake of Hurricane Harvey in 2017.
New Endangered Species Policy Will Protect Both Property Rights and Rare Frogs
There’s no need to pit property owners against imperiled species.
Assessing Justice Sotomayor's First Ten Years on the Supreme Court
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.
Neighbors Claim Los Angeles 'Emoji House' Is 'Bullying,' Demand New Rules Against Murals
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.
Neighborhood Activists Would Rather Preserve Tom's Diner Than Let Its Owner Retire in Peace
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.
New York Passed Sweeping, Progressive Rental Regulations. Now It's Getting Sued.
Landlords are suing to overturn state rental regulations that limit how much they can charge tenants and who they can rent to.
John Paul Stevens Was a 'Liberal Champion,' Except When He Wasn't
The late Supreme Court justice was an inconsistent defender of civil liberties.
Update on the Preakness Takings Case
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.
After 6-Year Fight, Florida Couple Wins Right to Grow Veggies at Home
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.
Clarence Thomas Benchslaps the Federal Government in a Property Rights Case
“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.
Lawsuit Challenges Chicago Towing Racket After City Destroyed Disabled Woman's Van
The lawsuit is the second filed this year challenging Chicago's punitive and corrupt towing program.
No Take-Backs, No Do-Overs, No Data Replevin
A lawyer caught on tape criticizing his client (a judge), in the making of a documentary about the prosecution of rapper Meek Mill.
Asset Forfeiture Funding Has Little Impact on Solving Crimes, Says New Study
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
Justice Stevens Admits Error in the Kelo Case—but Also Doubles Down on the Bottom Line
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.
The Supreme Court Should Take the Love Terminal Takings Case
A lower court decision the Supreme Court is currently considering reviewing has important - and dangerous - implications for property rights.
Are Democrats an Anti-Immigrant Party Too?
Recent articles by Tyler Cowen and Farhad Manjoo highlight anti-immigrant effects of many Democrats' policies on zoning and other issues. The party is not quite as bad as the Republicans. But that's damning with faint praise.
Bill de Blasio Is the Worst 2020 Candidate on Property Rights
The mayor of America's largest city is openly contemptuous of private property rights.
A Vivid Description of the Needless Suffering Caused by Laws Banning Organ Markets
A recent Canadian Broadcasting Corporation article describes the travails of a man and his family who have waited eight years for a kidney transplant. Such needless pain could be eliminated by legalizing organ markets.
Will Connecticut Finally Enact Meaningful Eminent Domain Reform?
Fourteen years after the notorious Kelo case, the state where the case originated still has one of the nation's weakest eminent domain reform laws. A bill currently before the state legislature could change that.
They Said This Law Would Fix Blighted Neighborhoods. Instead It's Being Used to Steal People's Homes
And the Pennsylvania state lawmaker who wrote the law is now the judge who hears a lot of the cases.
Testimony on Asset Forfeiture Before the Arkansas State Advisory Committee to the US Commission on Civil Rights
My testimony addressed the general problem of asset forfeiture, the potential impact of the Supreme Court's recent decision in Timbs v. Indiana, and Arkansas' recent reform law.
Baltimore Tries to Use Eminent Domain to Condemn the Preakness Stakes Horse Race
The condemnation is legally dubious. And even if the city prevails in court, it is likely to come out a loser. Baltimore should listen to naysayers who advise letting the neighsayers move to another location.
The Zoning Code Banned His Tall Fence, but Not the Naked Mannequin Party Behind It
California man highlights the absurdity of dumb regulations.
Implications of Today's Senate Vote Against Trump's Border Wall "Emergency" Declaration
How the overwhelming vote against Trump's position could potentially affect the lawsuits challenging the legality of the declaration.
Democrat Senator on Trump's Enthusiasm for Eminent Domain: 'Language You'd Expect Out of Some Autocrat'
"What a betrayal of conservative principles this is," Sen. Michael Bennet says.
Supreme Court Rules that Excessive Fines Clause Applies to States and Constrains Civil Asset Forfeiture
The decision in Timbs v. Indiana is a significant step forward for property rights and civil liberties, though a key issue remains to be resolved by lower courts.
State Can't Bulldoze Man's Atlantic City Home for Undefined 'Mixed Use Project,' N.J. Court Rules
A win for private property rights, and a defeat for proponents of eminent domain.
New Jersey Court Strikes Down Use of Eminent Domain to Take Property to "Bank" it for Possible Future Use
The court concluded that property may only be condemned for projects that will proceed in "the reasonably foreseeable future."
My USA Today Op Ed on Using Emergency Powers to Build Trump's Wall
The op ed explains why this option is not legal - and why it would set a dangerous precedent if the president succeeded in doing it.
My New "Washington Post" Op Ed on Eminent Domain and the Border Wall
The op ed describes the extensive harm likely to be caused by condemning the large amounts of private property that would need to be seized to build the wall.
Anti-Wall GOP Rep. Will Hurd: 'There's a Thing We Care About in Texas Called Private Property Rights'
Some members of Congress still care about private property.
Thoughts on the Second Oral Argument in Knick v. Township of Scott
The much-anticipated reargument of this important property rights case did not make clear what the Court will do, but overall did not go as well for the property rights side as the first argument did. It is still unclear, however, which way potentially crucial swing voter Justice Kavanaugh will lean.
Rep. Justin Amash Takes on Eminent Domain with 'Just Compensation' Bill
The bill would likely stop Trump from using the "military version of eminent domain."
Bill de Blasio: 'We Will Seize Their Buildings, and We Will Put Them in the Hands of a Community Nonprofit'
NYC's mayor takes on private property (again).
Eminent Domain, Emergency Powers, and Trump's Wall
Can Trump really exploit emergency powers to use eminent domain to build his wall without additional congressional authorization? If he succeeds, conservatives are likely to regret the precedent he sets.
