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.
Property Rights
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.
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.
