YIMBY Progress In California
The state legislature recently passed significant new laws constraining exclusionary zoning, thereby making it easier for property owners to build much-needed new housing on their land.
Property Rights
California Legislature Passes Slew of YIMBY Reforms
Two bills approved by the Legislature this week will make it easier to build affordable housing on church land and in coastal areas.
What's the Libertarian Answer to New York's Migrant Crisis?
Plus: A listener asks the editors to name America's unsung or undersung heroes.
Critics Sue Over Hawaii's Housing Deregulation, Calling It Attempted 'Genocide'
A coalition including the state ACLU, Sierra Club, and Native Hawaiian cultural groups argue Gov. Josh Green vastly exceeded his emergency powers when he waived most regulations on homebuilding.
Did NYC Just Kneecap Airbnb?
"The city is treating our private property as the city's housing stock."
Climate Liberalism in Public Choice
A nice review of Climate Liberalism by Jordan Lofthouse (and a less nice one by Robert Bradley).
Sixth Circuit Rules Owners of Cars Taken by Asset Forfeiture Have Constitutional Right to a Hearing Within Two Weeks of Seizure
The decision provides important protection for property rights, and features a powerful concurring opinion by prominent conservative Judge Amal Thapar.
Yes in My Back Yard: Puzzle #4
"Colorado resort town in which snowball fights are illegal"
To Tackle Highest Housing Costs in the Country, Hawaii's Governor Declares YIMBY Martial Law
An emergency proclamation by Gov. Josh Green offers developers the opportunity to route around almost all regulations on building homes.
The Town Without Zoning
Can Caroline, New York, resist the imposition of its first-ever zoning code?
Texas School District Threatens to Seize 79-Year-Old Man's Home for Stadium Parking Lot
The Houston-area Aldine Independent School District is considering the use of eminent domain to seize a one-acre property owned and occupied by Travis Upchurch.
New York's Migrant Crisis is Caused by a Combination of Federal Work Restrictions and Local Zoning Policy
It's the predictable result of the combination of federal regulations barring asylum seekers from working legally and local policies offering free housing, while severely restricting new housing construction.
Valuable Mercatus Center Study Surveys Progress and Setbacks in the Struggle Against Exclusionary Zoning
Eli Kahn and Salim Furth provide overview of developments in the states, and lessons that can be learned.
Another Takings Case in Which Law Enforcement Severely Damaged an Innocent Person's Property
In this case, an LA SWAT team destroyed an innocent store owner's shop in the process of trying to catch a suspect.
ACLU-Backed Complaint Says Not Renting to People With Past Evictions Is Illegal Race, Sex Discrimination
HOPE Fair Housing Center argues in a new federal complaint that an Illinois landlord's blanket refusal to rent to people with eviction records amounts to illegal sex and race discrimination.
Industrial Policy Isn't About Creating Jobs
It's a short-sighted approach that distracts us from the more important question.
Cross-Ideological Common Ground on Exclusionary Zoning
Policy analyst Justin Hayes summarizes the reasons why conservatives, progressives, and libertarians all have reason to support zoning reform.
Kenya Lifts Logging Ban, Promising Jobs and Growth
The 2018 ban led to the loss of approximately 44,000 jobs and $28 million in revenue.
Zoning Police Criminalize Kindness in Oregon
A town clamps down on distributing clothes, personal care items, and food to the homeless.
San Francisco Gets $20 Million Zoning Reform Grant the Same Week It Halts New Housing For Casting Shadows
This is the second RAISE grant San Francisco has received since the Biden administration retooled the program to reward jurisdictions for adopting zoning reforms.
Qualified Immunity Meets the Takings Clause
A Sixth Circuit decision holds qualified immunity protects a state elevator inspector from being sued for taking a hotel's property.
Why a Supreme Court Justice Who Always Votes for One Type of Litigant isn't Necessarily Biased
Justice Gorsuch has never voted against Native American interests in a Supreme Court case. But that probably isn't because he's biased in favor of Indians. He simply believes that much existing precedent in this field is biased the other way.
Study: Banning Investors From Buying Homes Leads to Higher Rents, More Gentrification
Home prices were unaffected by a ban on buy-to-rent housing in the Netherlands, but more affordable rental housing disappeared.
Federal Circuit Rules Temporary-but-Recurring Flooding of Property by the Government is an Automatic per se Taking
If the government floods private property on a recurring basis, it is automatically required to pay compensation, and owners' claims are not subject to a balancing test.
Upcoming Symposium Opportunity on "Rethinking Penn Central"
The Pacific Legal Foundation is sponsoring a symposium on this important issue, which may be of interest to legal scholars and others.
Congress Considers Bipartisan Bill Curbing Asset Forfeiture
The FAIR Act would be a significant step forward. It just passed the House Judiciary Committee on a unanimous 26-0 vote.
Congress Considers Conditions on the Government's License To Steal
The FAIR Act includes several substantial reforms that would make it harder to take property from innocent owners through civil forfeiture.
A Flawed Attempt at a Libertarian Defense of Exclusionary Zoning
Robert Poole's effort to defend exclusionary zoning falls prey to a combination of logical fallacies and factual error.
Are Abortion Bans Takings?
Legal scholar Julie Suk argues the answer is "yes." The idea has a solid basis in natural rights theory, but is at odds with longstanding legal doctrine. It also has potentially very broad libertarian implications.
In State Legislatures, Targeted Bills and Bipartisan Support Were Key To Passing Housing Reforms
Meanwhile, big, partisan "everything bagel" zoning reform bills that tried to squeeze through the entire YIMBY agenda floundered.
Socialism Is Bad for the Environment
"All the time we hear socialists say, 'Next time, we'll get it right.' How many next times do you get?"
An Un-Bearable Fourth Amendment/Property Rights Case
A Connecticut case raises the issue of whether a government agency violated the Fourth Amendment by attaching a camera to a bear known to frequent the plaintiffs' property. While the facts may seem silly, the case does raise some serious issues.
A Connecticut Couple Challenges Warrantless Surveillance of Their Property by Camera-Carrying Bears
The lawsuit looks iffy in light of the Supreme Court's "open fields" doctrine.
NIMBY Cities Are Using Your Tax Dollars To Lobby Against New Housing
Publicly funded leagues of cities are fighting zoning reforms in state capitals across the country.
Bryan Caplan on NIMBYism and Economic Ignorance
Leading expert on political ignorance and housing comments on evidence indicating that ignorance, not self-interest, is at the root of most opposition to zoning reform.
Ron DeSantis Dangerously Blurs the Line Between State and Private Action
Whether the putative target is the "biomedical security state," wokeness, "Big Tech censors," or Chinese Communists, the presidential candidate’s grandstanding poses a clear threat to individual rights.
My New Brennan Center Article on Tyler v. Hennepin County and the Cross-Ideological Case for Stronger Judicial Protection for Constitutional Property Rights
The Tyler home equity theft case is just the tip of a much larger iceberg of property rights issues where stronger judicial protection can protect the interests of the poor and minorities, as well as promote the federalist values of localism and diversity.
Major Unanimous Supreme Court Victory for Property Rights in Tyler v. Hennepin County
The Supreme Court ruled that home equity theft qualifies as a taking, and that state law is not the sole source for the definition of property rights. The ruling is imprecise on some points, but still sets an important and valuable precedent.
Home Business Lawsuit Argues People Have a Natural Right To Keep Bees on Their Property
Ellen Finnerty wanted to make and sell honey. The town of Ottawa, Kansas, says that's illegal.
Florida's Restrictions on Property Purchases by Chinese Citizens Hark Back to a Dark History of Xenophobia
In a federal lawsuit on behalf of legal U.S. residents from China, the ACLU argues that "Florida's New Alien Land Law" is unconstitutional.
Economists Are Right To Hate Rent Control
Progressives like to argue that rent control policies that exempt new construction don't impact the construction of new housing.
Texas Bill Would Legalize Townhouses
The Texas Senate has passed two bills legalizing building homes on smaller lots and accessory dwelling units across the state.
How to End America's Kidney Shortage
Two leading experts explain how legalizing organ markets can fix the problem, thereby saving tens of thousands of lives each year, and greatly reducing the suffering of patients on the kidney waiting list.
City Threatens Christian Group With Fines, Prosecution for Giving the Homeless Muffins, Coffee
The Department of Justice is now intervening on behalf of the Orange County, California, group's right to distribute food at its resource center in Santa Ana.
The Case Against the Public Property Rationale for Immigration Restrictions
The argument has some appeal, especially to libertarians. But it's actually a rationale for sweeping statist constraints on liberty.
Our Amicus Brief Urging the Supreme Court to Hear and Reverse Egregious Fifth Circuit Decision that Creates a Catch-22 For Takings Claims Against State Governments
The decision is at odds with Supreme Court precedent, and endangers the constitutional rights of millions of people. This brief urging the court to reverse it was filed by the Cato Institute and myself.
