Sixth Circuit Concludes Local Tree Ordinance Constitutes an Unconstitutional Taking
Court finds that a Canton, Michigan ordinance requiring mitigation for tree removal constitutes an uncompensated taking.
Court finds that a Canton, Michigan ordinance requiring mitigation for tree removal constitutes an uncompensated taking.
A month after the Supreme Court struck down the CDC's eviction moratorium, eviction filings remain well below pre-pandemic averages.
The government confiscated Bruce's Beach at racists' behest.
Pandemic bans on evictions were supposed to be a temporary measure, but politicians keep extending them.
New bills passed earlier this week require landlords to give tenants 180 days' notice before raising rents and pay relocation expenses to low-income tenants who move in response to rent hikes.
The nonbinding ballot initiative encourages the city government to expropriate roughly 15 percent of the city's rental housing stock.
The case was the subject of a Supreme Court ruling in which the power of eminent domain prevailed over state sovereign immunity.
Second in a series of posts on historically awful Supreme Court decisions that deserve more opprobrium than they get.
Constitution Day is a good time to consider the issue of whether we have been overly accepting of some horrendous Supreme Court precedents. The Chinese Exclusion Case of 1889 is a great example.
Senate Bill 9 and Senate Bill 10 would make it easier to build new housing in much of the state.
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
The Court said it "strains credulity" to believe that Congress gave the CDC the "breathtaking amount of authority" it asserted.
Plus: Biden won't budge on Afghanistan, bad news for psychedelics measure in California, and more...
Environmental Protection Agency
The Sackett's' litigation with the Environmental Protection Agency has continued, and may provide the Court with a new opportunity to consider the scope of federal regulatory jurisdiction.
The former D.C. Circuit Judge is now a contributor to the Yale Journal on Regulation's Notice & Comment blog.
The Michigan congresswoman is a co-sponsor of a bill that would suspend all tenants' obligation to pay rent through April 2022.
Gov. Greg Abbott's position on private vaccination requirements is confused and confusing.
So the Washington Supreme Court holds in a case involving a man who was living in his truck, and who had to pay the money when his truck was impounded for being parked too long in one place.
The administration issued the order even while conceding that it lacked the authority to do so.
The Reason Roundtable discusses property rights, vaccine passports, and media ethics.
The new eviction moratorium applies to the 90 percent of counties in the U.S. where the spread of COVID-19 is "substantial" or "high."
Thanks to the Supreme Court's decision in the Cedar Point case, this suit has much better odds of success than previous takings challenges to eviction moratoria.
The commission says the legislature should raise the standard of proof and remove the financial incentive that encourages cops and prosecutors to pursue profit instead of public safety.
Circuit Judge John K. Bush accuses the federal government of laying claim to "near-dictatorial powers."
Sandy Martinez is challenging the exorbitant penalty for driveway cracks, a storm-damaged fence, and cars parked in an "unapproved" manner on her own property.
It's the second in a two-part series on eminent domain reform.
A response to Jonathan Adler's attempt at an originalist defense of Kelo v. City of New London.
The general assumption that the Fifth Amendment bars takings for economic development purposes rests on shaky ground.
It's an indication that the notorious decision holding that the government can take property for private "economic development" may be vulnerable.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
The Court's ruling in PennEast allows the federal government to delegate the power of eminent domain to private firms seeking to condemn state-owned property.
The Court clarified that the challenged policy need only be a "de facto final" decision, and that property owners are not required to exhaust all possible state bureaucratic procedures before filing a federal takings case. The Court also emphasized that Takings Clause property rights have "full-fledged constitutional status."
The article assesses today's important Supreme Court property rights ruling.
The ruling makes it far more difficult for the government to authorize physical invasions of private property without having to pay compensation under the Takings Clause.
Today produced one of the Supreme Court term's few true conservative-liberal splits, and showed additional signs of a generational divide on criminal law.
The article is Part I of a two-part series.
It responds to a critique of the Supreme Court's major property rights ruling in Knick v. Township of Scott, by Profs. Stewart Sterk and Michael Pollack.
Warren Lent is suing the California Coastal Commission, arguing that its power to unilaterally hand down massive fines with minimal process is unconstitutional.
The article, which is available free on SSRN, criticizes claims that governments have a right to exclude migrants based on various theories of self-determination.
The question of proportionality assumes that punishment is appropriate for peaceful conduct that violates no one's rights.
The case has generated three state supreme court decisions, plus a landmark ruling by the federal Supreme Court.
Texas Gov. Greg Abbott says he stands for freedom. That doesn't apply to business owners.
Cruel NIMBYism hides in call for historic preservation.
As in the US, they often block the building of new housing in response to demand.
The ruling may be the first major effect of the Supreme Court's 2019 decision in Knick v. Township of Scott, which ruled that property owners are not required to "exhaust" state court remedies before filing takings cases in federal court.