Essay on "How Constitutional Litigation Can Help End Exclusionary Zoning"
A guest post on economist Bryan Caplan's Bet On It substack.
Property Rights
The Housing Policy Implications of Taylor Swift
Plus: An interview with Colorado Gov. Jared Polis about the state's blockbuster year for housing reform.
Bryan Caplan: How Regulation Makes Housing More Expensive
Moving is no longer a viable way to grow your wealth in the U.S., says the author of Build, Baby, Build.
The Rise of the Bedroom Counters
Plus: The results of rent control are in, California's tiny home program gets minimal results, and yet another city eyes a crackdown on short-term rentals.
The High Cost of Commercial Land-Use Restrictions
Exclusionary zoning that targets housing gets more attention. But a new study highlights how restrictions on commercial uses also cause great harm.
Indiana Court Rules Burritos and Tacos Qualify as Sandwiches
The decision exemplifies a longstanding issue in legal theory. It also highlights the absurdity of zoning rules.
Compendium of Bryan Caplan's Guest-blogging Posts on His New Book "Build, Baby, Build: The Science and Ethics of Housing Regulation"
A listing of his four posts on different aspects of the book and the issues it raises.
*Build, Baby, Build*: Responses to the Best Objections
Specificity, fertility, and political assimilation. Fourth in a series of guest-blogging posts.
Zoning Regulations Empower Control Freaks—and Bigots
The Institute for Justice has launched a project to reform land use regulation.
*Build, Baby, Build*: My Most Inexcusable Omission
Privatization of federal and state land is a massive missed opportunity. Second in a series of guest-blogging posts.
Bryan Caplan, Guest-blogging About his New Book "Build, Baby, Build: The Science and Ethics of Housing Regulation"
The book makes the case for massively deregulating housing markets.
Supreme Court Issues Flawed Ruling in Asset Forfeiture Case
But Justice Neil Gorsuch's concurring opinion suggests the Court may curb asset forfeiture in the future.
Supreme Court Rules No Due Process Right to Preliminary Hearings in Civil Asset Forfeiture Cases
The cars of two Alabama women were seized for more than a year before courts found they were innocent owners. The Supreme Court says they had no constitutional right to a preliminary hearing.
Rent Free Q&A: Bryan Caplan on Build, Baby, Build
The George Mason University economist talks about his new housing comic book and how America could deregulate its way into an affordable urban utopia.
Missouri Bill Would Ban Eminent Domain, but Only for Wind and Solar Projects
The Show Me State has plenty of room to rein in laws on taking private property, but instead, lawmakers are focusing only on one very narrow use case.
Ohio Pastor Criminally Charged for Letting People Sleep In Church. Again.
Plus: California's landmark law ending single-family-only zoning is struck down, Austin, Texas, moves forward with minimum lot size reform, and the pro-natalist case for pedestrian infrastructure.
Colorado Bans HOAs From Banning Home Businesses
Homeowners associations are the most, and the least, libertarian form of governance.
Combat Homelessness by Ending Exclusionary Zoning
The Eighth Amendment provides little, if any, protection for the homeless. But courts can help them by striking down exclusionary zoning, which is the major cause of housing shortages that lead to homelessness.
House Passes REPO Act Giving President Authority to Confiscate Russian Government Assets in the US and Transfer them to Ukraine
It's a good idea that will hopefully be imitiated by our allies.
California Is Trying To Drive Landlords Out of Business
Which is bad news for anyone hoping to rent a place to live.
Two Cheers for the Proposed End Kidney Deaths Act
Giving kidney donors a $50,000 tax credit isn't as good as full legalization of organ markets would be. But it would still be a major step in the right direction.
Laws Requiring Social Media Firms to Host Content they Prefer to Exclude Violate the Takings Clause
Ethan Blevins of the Pacific Legal Foundation explains why. I myself have made similar arguments.
Upcoming Event on "Solving the Nation's Housing Shortage" [update]
Economist Bryan Caplan, former National Association of Home Builders Director Jerry Howard, and I will speak at event sponsored by the Schar School of Policy and Government at George Mason University.
The Kansas Legislature Unanimously Passed a Civil Asset Forfeiture Reform Bill
Kansas had among the most lax civil asset forfeiture laws in the country, but a bill sent to the governor's desk would strengthen protections for property owners.
Supreme Court Issues Narrow Takings Clause Ruling in DeVillier v. Texas [updated]
The Court allows takings suit against Texas to proceed under state law, but doesn't resolve question of whether the Takings Clause is "self-executing."
The Supreme Court Rules Impact Fees Can Violate Your Property Rights Too
Plus: Zoning reform in Minnesota stalls, a New York housing "deal" does little for housing supply, and Colorado ends occupancy limits.
Social Media Platforms Have Property Rights Too
The push to regulate social media content infringes on rights guaranteed by the Fifth Amendment.
Supreme Court Rules There Is No "Legislative Exception" to the Takings Clause
The decision is unanimous, though some related issues have been left for later resolution.
A Florida Judge Says $165,000 in Fines for 3 Minor Code Violations Is Not 'Excessive'
Sandy Martinez faces that bill because of driveway cracks, a storm-damaged fence, and cars parked on her own property that illegally touched her lawn.
New NBER Study Finds Covid Eviction Moratoria Increased Racial Discrimination
Moratoria caused landlords to be less willing to rent to black tenants.
Second Circuit Rules that a "Passive Park" Qualifies as a Public Use Authorizing Use of Eminent Domain—Even if this Rationale is a Pretext for a Desire to Block Private Owners' Plan to Build a Hardware Store
The case raises an important issue about what qualifies as a "pretextual" taking. It's a rare takings issue on which I don't have a clear position.
The Catholic Case Against NIMBYism
Urban policy analyst Addison Del Mastro advances it in the Catholic journal America.
New Zealand's YIMBY Success—And How We Can Learn From it
New Zealand alleviated a severe housing shortage by liberalizing regulations that had previously blocked most new construction.
Pioneer Institute Hubwonk Podcast on Exclusionary Zoning and the Takings Clause
In interview with Joe Selvaggi of the Pioneer Institute, I explain the harm caused by exclusionary zoning, and why it violates the Takings Clause of the Fifth Amendment.
Are 'Squatters' Rights' Out of Control?
Too many property owners are having trouble asserting their rights, but not everything is "squatter's rights."
What Do We Owe the Kids?
Plus: Gun detection in the subway system, Toronto's rainwater tax, goat wet nurses, and more...
Squatters Invaded His Mom's House—so He Fought Back
Thanks to "squatters' rights" laws, evicting a squatter can be so expensive and cumbersome that some people simply walk away from their homes.
Squatters' Rights Laws Violate the Takings Clause
Where these laws allow squatters to occupy houses without the owner's consent, they qualify as takings of private property that require payment of compensation under the Fifth Amendment.
Zoning Versus the Good Samaritan. Again.
Plus: New York refreshes rent control, AOC and Bernie Sanders call for more, greener public housing, and California's "builder's remedy" wins big in court.
The Dark Side of Housing Bipartisanship
Plus: Texas Gov. Greg Abbott is fooled by TikTok housing falsehoods, Austin building boom cuts prices, and Sacramento does the socialist version of "homeless homesteading."
Cross-Ideological YIMBY Coalition Defies Increasing Polarization—So Far
The New York Times and the Atlantic report on how the movement to curb exclusionary zoning and build more housing has managed to cut across ideological lines.
Canadian Indigenous Nations Use Exemptions From Zoning Rules to Build Affordable High-Rise Housing
They are to be commended. But other property owners should also be freed of exclusionary zoning.
Study Estimates Nearly 96% of Private Property Is Open to Warrantless Searches
The Institute for Justice says its data show that a century-old Supreme Court doctrine created a huge exception to the Fourth Amendment.
Rent Free Q&A: Jared Polis
The Colorado governor talks about live housing reforms in the state legislature, the federal role in housing policy, and whether we should abolish zoning completely.
Matt Yglesias on the Takings Clause and Curbing Exclusionary Zoning
Prominent political commentator and zoning reform advocate comments on my work on this topic (with Joshua Braver).
Louisiana Law Lets Wildlife Agents Trespass on Private Property
A lawsuit from the Institute for Justice claims the law violates the Louisiana Constitution.
