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.
Property Rights
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.
Trump's Terrible Record on Property Rights
The President's recent threat to use "the military version of eminent domain" to seize property for his border wall is just the tip of a larger iceberg of policies and legal positions inimical to constitutional property rights.
What the Hell Is the 'Military Version of Eminent Domain'?
Whatever it is, it can't be good.
Laws Banning Organ Markets Kill Even More People than Previously Thought
New analysis finds that thousands more die every year because the law forbids purchase of the kidneys they need to survive.
Progress in the Struggle Against Exclusionary Zoning
Reforms in multiple jurisdictions could help loosen restrictions on development that infringe on property rights, inflate housing prices, and cut off large numbers of people from job opportunities.
Vermont Man Barred From Building on His Own Property Flips Off Government With Giant Middle Finger Statue
And there's nothing the town can do to stop him.
Minneapolis Strikes a Blow for Affordable Housing by Slashing Zoning Restrictions
Zoning rules that severely restrict home construction cut off millions of poor people from jobs and affordable housing. The Minneapolis reform is the most extensive reduction in zoning achieved by any major American city in a long time.
Mandatory Warrantless Rental Inspections Inspire Seattle Lawsuit
Institute for Justice to city: Show probable cause, guys.
Texas Court Rules Deliberate Flooding of Private Property by State Government in Wake of Hurricane Harvey can be a Taking
The ruling concerns flooding of property undertaken by the San Jacinto River Authority in order to mitigate the effects of Hurricane Harvey. Issues raised in the case are similar to those at stake in ongoing federal court litigation.
Strand Bookstore Owner Says NYC's Efforts to Preserve Her Building Could Doom It
"I'm not asking for money or a tax rebate," says Nancy Bass Wyden. "Just leave me alone."
Today's Supreme Court Oral Argument in Timbs v. Indiana Suggests Justices are Likely to Apply Excessive Fines Clause to State Asset Forfeitures
The Court seems very likely to rule that the Excessive Fines Clause of the Eighth Amendment applies to state governments, and that at least some asset forfeitures violate the Clause. Potentially a big win for property rights and civil liberties.
GM Will Shut Down Factory Built on Land Seized in Controversial 1981 Poletown Taking
The factory stands on land seized in a taking that forcibly displaced over 4000 people, and attracted widespread widespread opposition. The lessons and legacy of the Poletown case remain relevant today.
This Week, Supreme Court Will Hear an Important Case that Could Help Curb Asset Forfeiture Abuse
The case both addresses important legal issues, and could have substantial practical implications.
On Thanksgiving, Be Grateful for Property Rights
There's no reason to celebrate collective ownership.
Will Supreme Court Reargument of the Knick Takings Case Come Down to the Federal Government's "Klingon Forehead" Argument?
The Supreme Court has ordered reargument in a crucial property rights case. The outcome could hinge on an extremely dubious theory put forward in an amicus brief by the federal government.
Georgetown 'Tree Killer' Fined $53,000 for 'Excessive Pruning' on His Own Property
The homeowner was working to preserve a historic building
My Review of "Property and Human Flourishing"
A link to my review of an important new book on property rights by Cornell law Professor Gregory Alexander.
Two Brothers Want to Start a Christmas Tree Farm on Their Own Land. The Township Might Fine Them $450,000.
Gary and Matt Percy had to clear their land before they started planting. They neglected to get the government's permission.
Publicly Traded Companies Are Still Private Property
No matter what California legislators or Elizabeth Warren think
Thoughts on Today's Supreme Court Oral Argument in Knick v. Township of Scott - A Crucial Property Rights Case
There is reason for cautious optimism that the Supreme Court will overrule or at least curtail a precedent that makes it difficult to bring many takings claims in federal court.
My Wall Street Journal Op Ed on Important Property Rights Case that Will be Argued before the Supreme Court Tomorrow
Knick v. Township of Scott addresses the issue of whether property owners with Takings Clause claims are entitled to access to federal court on the same terms as constitutional rights cases.
Supreme Court to Consider Tree Frogs, Liquor Licensing, Criminals With Dementia, and More This Fall: Reason Roundup
Plus: The Justice Department goes after "net neutrality" in California and SNL takes on Brett Kavanaugh.
Should Dried Up Tree Frog Sex Ponds Limit Property Rights?
The Supreme Court will rule on whether the Endangered Species Act has failed wildlife and private property owners alike.
This California Man Researched the City Code Before Building a 'Dream' Treehouse. The City Is Screwing Him Anyway.
Not only did Brian Esola make sure he wasn't violating the city code, he also checked with his neighbors beforehand.
Seattle's Amazon Tax Was Going to Raise $20 Million For Affordable Housing. Now the City is Getting Sued for $40 Million for Stopping a Housing Project.
The city's attempt to save the famed Showbox music venue has predictably resulted in a lawsuit.
Yet Another Federal Court Rejects Claims that Exposing Taxis to Competition from Uber and Lyft is a Taking
This is the latest in a series of federal court decision rejecting such arguments. The right to operate a taxi business does not create a "property" right in suppressing competition.
A New Jersey Family Wanted Local Kids to Read More. Then a Neighbor Called the Cops.
The family set up a mini-library-and got a visit from the police.
Cory Booker Proposes Bill to Curb Exclusionary Zoning
He deserves credit for being one of the very few national politicians to focus on this enormous problem. If enacted, his proposal would be a step in the right direction, though it is likely to have only a modest impact.
The Unknown History of State Constitutional Prohibitions on Government Actions that "Damage" Property without Compensation
Many state constitutions require the government to pay compensation when it acts in ways that "damage" private property. An important new article by legal scholar Maureen Brady reveals the previously ignored history of these provisions, and the lessons that can be learned from it.
Court Decision Striking Down Albuquerque Asset Forfeiture Program Could Help Protect Property Rights Around the Country
If accepted by other courts, the judge's reasoning could curb a variety of other state and federal asset forfeiture policies that threaten the property rights of innocent people.
Federal Judge Breaks Up Albuquerque's Car Theft Ring
A new ruling says the city's civil forfeiture program violates the right to due process.
Houses Passes Private Property Rights Protection Act - But Celebration is Premature
The eminent domain reform bill is the same legislation that has passed the House three previous times since 2005. Each time, it died in the Senate without ever coming to a vote.
Watch Little Pink House, Drama About Eminent Domain Abuse, in Safety of Your Own Home!
Award-winning movie about Susette Kelo's attempt to save house from a local government gone klepto is out on streaming and video-on-demand services.
Landlords Fight Back Against Local Governments Waging War on Short-Term Rentals
The Goldwater Institute filed three cases in California, Seattle, and Miami Beach to defend the rights of property owners against unfair home sharing laws.
Supreme Court Will Hear Case on the Excessive Fines Clause that Could End Up Curbing Asset Forfeiture Abuse
The case will decide whether the Excessive Fines Clause of the Eighth Amendment applies to the states. If so, it will also have to address how much it restricts asset forfeiture.
Trump, Ryan, and Walker Want to Seize Wisconsin Homes to Build a Foxconn Plant
State and local officials are doling out $4.5 billion and 1,000 acres to lure the Taiwanese manufacturing giant.
Rand Paul's Violent Neighbor Motivated by Brush Piles on Paul's Property
Some pundits blamed the victim, but the attack that broke six of Paul's ribs was motivated by aesthetic rage, not some actual fault of Paul's.
Our Amicus Brief in Major Property Rights Case Currently Before the Supreme Court
I coauthored an amicus brief in an important takings case, on behalf of the Cato Institute, The National Federation of Independent Business, and several other organizations.
Stossel Confronts Politicians About Corruption Allegations
Developer claims politicians blocked their project to favor a crony who helps the politicians.
