California Enacts Sweeping Exemption to Development-Killing Environmental Law
Plus: Real rent decreases in New York City, the return of missing middle housing in Virginia, and how everyone's a socialist on housing in New York.
Property Rights
Federalist Society Webinar on the 20th Anniversary of Kelo v. City of New London
The panelists included Peter Byrne (Georgetown), Wesley Horton (counsel for New London in the case), Timothy Sandefur (Goldwater Institute), and myself.
Stealing the Farm
Plus: housing reform is killed in Connecticut, bonus ADUs are gutted in San Diego, and two decades of Supreme Court-enabled eminent domain abuse.
The 20th Anniversary of Kelo v. City of New London
On this anniversary, I have posted two new articles related to one of the Supreme Court's most controversial decisions.
The Government Seized Her Home for a Project That Never Happened
Twenty years after Susette Kelo lost at the Supreme Court, the land where her house once stood is still an empty lot.
My Forthcoming Article on " Public Use, Exclusionary Zoning, and Democracy"
It is part of the Yale Journal on Regulation Symposium on the 20th Anniversary of Kelo v. City of New London.
New Real Estate Regulations in Massachusetts Shrink Homebuyers' Negotiating Power
A new state law will make it harder to waive inspections.
New Jersey Business Owners Sue City of Perth Amboy Over Bogus Blight Designation
Two business owners are suing the city of Perth Amboy for using eminent domain to seize their property based on unsubstantiated allegations of blight.
Why Donald Trump and Josh Hawley Are Wrong To Call for Jailing People Who Burn the American Flag
The Supreme Court ruled decades ago that burning the flag is protected by the First Amendment, no matter how offensive that act may be.
SpaceX's New Company Town Considers Adopting NIMBY Zoning Code
Starbase, Texas, is rushing to restrict development in the newly incorporated city.
Missouri Town Wants To Seize Local Businesses Over Chipped Paint and Cracked Sidewalks
Brentwood business owners are challenging the city’s definition of blight in an ongoing lawsuit against city officials' use of the dubious designation to invoke eminent domain.
Iowa Landowners Fight Seizure of Private Property for a Pipeline
The proposed 2,500-mile pipeline would transfer carbon dioxide from ethanol plants in five states to a permanent storage site in North Dakota.
New Study Highlights Housing Shortages Caused by Regulatory Barriers to Construction
The study by leading housing economists Edward Glaeser and Joseph Gyourko finds there are 15 milion fewer housing units in the US than there would be if construction in 2000-2020 had continued at the same pace as in 1980-2000.
Florida Woman Fined $165,000 for Trivial Code Violations Takes Her Case to the Florida Supreme Court
Sandy Martinez was fined for a parking violation on her own property, driveway cracks, and a storm-damaged fence.
Starter Homes Live in Texas, Die in Arizona
Plus: A new constitutional challenge to inclusionary zoning fees, a vetoed ban on rent-recommendation software, and a ill-conceived rent freeze in New York City.
New Jersey Town Seeks to Condemn Church to Build a Park and Pickleball Courts
The move may be a pretext for blocking the church's plan to build a homeless shelter. If the town proceeds, it will face near-certain litigation under the federal and state constitutions.
Pope Leo's Childhood Home Faces Eminent Domain as He Relocates to a More Eminent Domain
The last Pope Leo denounced state seizures of private property as "emphatically unjust."
A Major Property Rights Case Idles on Supreme Court Docket
The Court has been punting for months on whether it will take up a legal challenge brought by Los Angeles landlords alleging their city's COVID-era eviction ban was a physical taking.
New Jersey Town Uses Flimsy Blight Allegations To Seize Tire Shop, Apartment Building
Plus: The White House proposes stiff funding cuts at HUD, Baltimore proposes "missing middle" reforms, and Gov. Gavin Newsom urges local governments to clear encampments.
New Jersey Town Says Small Setbacks, Stray Cats Allow It To Seize Private Property
Two business owners say the city of Perth Amboy is using exceedingly flimsy blight allegations to take, and potentially demolish, their property.
Texas Lawmakers Want To Use 'Police Power' of the State To Halt Renewable Energy Projects
The legislature is advancing three bills that will trample on private property rights and give natural gas a leg up in the Lone Star State.
In 12 Years, This $40 Billion High-Speed Rail Line in Texas Has Not Laid a Single Foot of Track
The budget for the project has quadrupled, and private property owners have opposed the use of eminent domain along the proposed 240-mile route.
Hawaii County Tells Homeowner His 38-Year-Old House Is Actually Illegal
Shahzaad Ausman has had to sue the county to confirm that he can continue to live in his own home.
Federalist Society Webinar on "The California Wildfires and America's Housing Shortage"
The panelists included M. Nolan Gray, Jennifer Hernandez, and myself.
Supreme Court Refuses to Hear Case that Might Have Led to Overruling of Kelo v. City of New London
We don't know why the justices chose not to take it.
Lawsuit Challenges Use of Eminent Domain as NIMBY Tool to Block Housing Project
A Rhode Island town seeks to use eminent domain to block construction of a large-scale affordable housing project.
The Supreme Court Has an Opportunity To Correct Its Kelo Eminent Domain Error
A New York case revives concerns about seizing private property to benefit favored developers.
Town Secretly Seizes Developers' Property Then Threatens Them With Trespassing Citation
The owners, who were planning an affordable housing project on the site, first learned about the seizure from the mayor's social media post.
Virginia Courts Won't Split Ownership of Divorced Couple's Embryos
"The unique nature of each human embryo means that an equal division cannot conveniently be made," writes a Virginia judge.
The 'Montana Miracle' Vindicated in Court
On Monday, a Montana judge roundly rejected homeowners' legal challenge to new laws allowing duplexes and accessory dwelling units in single-family areas.
Upcoming Event on "Solving the Nation's Housing Crisis"
Economist Bryan Caplan and I will speak at event sponsored by the Schar School of Policy and Government at George Mason University.
Hawaii Can Auction Off Your Car Without Ever Convicting You
Civil forfeiture allows the government of Hawaii to take your property and sell it for profit without proving you did anything wrong.
The Best of Reason: How the Fair Housing Act Gave Us Emotional Support Parrots
The right to a reasonable accommodation has produced some absurd results.
Why Are We Fighting?
When regulations limit what kind of housing can be built, the result is endless arguments about what people really want.
How the Fair Housing Act Gave Us Emotional Support Parrots
The right to a reasonable accommodation has produced some absurd results.
The Government Says Money Isn't Property—So It Can Take Yours
In a jaw-dropping argument, the Department of Justice claims seizing $50,000 from a small business doesn’t violate property rights because money isn’t property.
What Process Is Due Before Property Is Destroyed?
The Sixth Circuit finds a city failed to provide adequate process before demolishing a condemned mobile home.
18 Months After Wildfires Destroyed Some 2,000 Homes on Maui, Only 3 Have Been Rebuilt
A thicket of red tape has made the island's rebuilding efforts painfully slow.
Our Amicus Brief Urging the Supreme Court to Hear Case on Overruling Kelo v. City of New London
The brief is on behalf of the Cato Institute and myself.
In Session
Lawmakers across the country introduce bills to strengthen private property rights, crackdown on out-of-control regulators, and get the government out of micromanaging stairways.
Nevada Judge to Nevada Cops: You Can't Use This Loophole To Get Around Civil Asset Forfeiture Reform
The Nevada Highway Patrol exceeded its legal authority when it seized nearly $90,000 in cash from Stephen Lara in 2023 and then handed the case to the DEA.
Easing Zoning Restrictions Can Facilitate Rebuilding After the LA Fires
The destruction of numerous homes exacerbated the city's already severe housing crisis. Curbing exclusionary zoning is crucial to addressing the problem.
He Lost the Title to His Home Over a Small Property Tax Debt. Years Later, He's Finally Getting It Back.
A local government gave ownership of Kevin Fair's Nebraska house—and all of its value—to a private investor, in a practice known as home equity theft.
Supreme Court Can Protect Property Owners From Eminent Domain Abuse
A Utica, New York, land grab offers the justices an opportunity to revisit a widely criticized precedent.
