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.
Property Rights
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.
Does This Laundry Look 'Historic' to You?
Plus: Arizona Gov. Katie Hobbs dithers over whether to veto bipartisan Starter Homes bill, Biden says "build, build, build," and Massachusetts sues anti-apartment suburb.
Historic Preservation Board Stops Family Removing KKK Supporter's Initial From Front of their House
Kristy Kay Money and Rolf Jacob Sraubhaar are now suing the city of San Marcos, Texas, saying they're being forced to keep a Klan-linked symbol on the front of their house is a physical taking.
Fear, Loathing, and Zoning Reform in Minnesota
Plus: The man who would build an ADU, the zoning theory of child care, and tiny home red tape in Hawaii.
Don't Let Crime Fears Undermine Americans' Rights
Amid fear of rising crime, let's take a careful and deliberate approach—lest innocent people lose their rights and property.
After Supreme Court Denies Cases, Clarence Thomas Offers Hope to Rent Control Critics
Thomas agreed with the Court's decision to not take up two challenges to New York's rent stabilization law but said the constitutionality of rent control "is an important and pressing question."
Good Times, Bad Times: Eviction Edition
Plus: Voters in Massachusetts reject state-mandated upzonings, Florida localities rebel against a surprisingly effective YIMBY reform, and lawsuits target missing middle housing in Virginia.
New Article on "The Constitutional Case Against Exclusionary Zoning"
Coauthor Josh Braver and I argue exclusionary zoning violates the Takings Clause of the Fifth Amendment.
Argentina, Once One of the Richest Countries, Is Now One of the Poorest. Javier Milei Could Help Fix That.
The new libertarian president believes in free markets and the rule of law. When people have those things, prosperity happens.
Portland Requires Homeowners Get Permits To Remove Trees Knocked on Their Homes by Winter Storm
In some cases, the city is also requiring homeowners to pay to replace trees that squashed their houses.
What Javier Milei Could Teach Democrats and Republicans About Capitalism
His speech in Davos challenged the growing worldwide trend of increased government involvement in economic affairs.
Michigan Township Bans All Cemeteries To Prevent Family from Starting One
Peter and Annica Quakenbush are suing Brooks Township for the right to operate an environmentally friendly cemetery.
Oral Argument in Devillier v. Texas Suggests Victory for Property Rights Likely
Both conservative and liberal justices seem to oppose letting states get away with violating the Takings Clause merely because Congress hasn't enacted a specific law enforcing it against them.
On Economic Issues, the Populist Right and Left Share a Lot of Common Ground
That's bad news for Americans.
Supreme Court Oral Argument Indicates "Radical Agreement" that there is no "Legislative Exception" to the Takings Clause
That's the big takeaway from yesterday's oral argument in Sheetz v. County of El Dorado. But it's not clear whether the Court will resolve any additional issues, and if so how.
How John Deere Hijacked Copyright Law To Keep You From Tinkering With Your Tractor
Hackers are helping tractor owners “jailbreak” their equipment in order to repair it.
Video of Federalist Society "Seat at the Sitting" Panel on Upcoming Supreme Court Cases
The panel covered many cases and featured views many would not expect at a Fed Soc event.
US, Allies Consider Seizing Russian Government Assets and Giving them to Ukraine
They should take this wise and just step sooner rather than later.
The Endangered Species Act at 50: Still Not Recovering Species After All These Years
Claims of the Act's success at recovering imperiled species are vastly overstated, especially on private land.
My Contribution to Brennan Center Symposium on the Most Significant State Constitutional Cases of 2023
I focus on the Washington Supreme Court's flawed decision holding an eviction moratorium is not a taking of private property.
California Officials Force Elderly Couple To Dismantle Home, Citing Blocked Ocean Views
Plus: Austin's newly passed zoning reforms could be in legal jeopardy, HUD releases its latest census of the homeless population, and a little-discussed Florida reform is spurring a wave of home construction.
North Carolina Strip Club Now Safe From County's Eminent Domain Efforts
After public backlash, Hanover County Commission has decided to pursue a voluntary purchase of the Cheetah Premier Gentlemen's Club next door.
New York's Broken Housing Court Lets Tenant Stay For Years Without Paying Rent
Plus: Austin and Salt Lake City pass very different "middle housing" reforms, Democrats in Congress want to ban hedge fund–owned rental housing, and a look at GOP presidential candidate's housing policy positions.
Cato Amicus Brief in the Texas and Florida Social Media Cases
The brief urges the Supreme Court to reverse its badly misguided precedent in Pruneyard v. Robins.
Justice O'Connor's Parting Dissents Highlighted the Twin Perils of Local Tyranny and Federal Overreach
The late Supreme Court justice eloquently defended property rights and state autonomy.
Sandra Day O'Connor, RIP
She was the first woman Supreme Court justice, and played a key role in changing the Court's jurisprudence for the better on several issues.
Seattle Banned Landlords From Rejecting Tenants Based on Criminal Records. Will the Supreme Court Step in?
The political push behind the law was well-meaning. But it will backfire on many prospective renters.
Californians Are Discovering Why Government Is a Terrible Landlord
When everyone owns something, no one does.
Controversy Over an Important Article Finding Large Negative Effects of Zoning
Economist Brian Greaney may have found serious methodological errors in a much-cited 2019 article by Enrico Moretti and Chang-Tai Hsieh.
The Best of Reason: The Endangered Species Act at 50
Why have so few species been taken off the endangered species list?
New Edition of "Freedom in the Fifty States"
The Cato Institute recently published the latest edition of its ranking of personal, economic, and overall freedom in the states.
County Eminent Domains the Strip Club Next Door to Make Room for More Parking
Owners of Wilmington, North Carolina's Cheetah Premier Gentlemen's Club say they were blindsided by the seizure.
Our Amicus Brief in Devillier v. Texas - an Important Takings Case Before the Supreme Court
The amicus brief is on behalf of the Cato Institute and myself.
Fund Ukraine's War Effort by Confiscating Russian Government Assets
The $300 billion in frozen Russian state assets in Western nations could fund a large part of Ukraine's defense.
L.A. Wants To Commandeer Vacant Hotel Rooms as Homeless Housing
Los Angeles voters will decide in March whether to force hotels to report empty rooms to the city and accept vouchers from homeless people.
The Endangered Species Act at 50
Why have so few species been taken off the endangered species list?
'The Town Without Zoning' Elects a Pro-Zoning Town Government
Pro-zoning candidates in Caroline, New York, won the elections for town supervisor and three seats on the town board.
The Best Hope to Rein in Rent Control Is Lurking on the Supreme Court's Docket
The U.S. Supreme Court keeps putting off deciding whether to take up a challenge to New York's rent control scheme.
Several Justices Express Dismay at Long Delays in Returning Seized Cars to Innocent Owners
Without a prompt post-seizure hearing, people can lose their property for months or years even when they ultimately get it back.
