What I Learned From Justice Stevens' Papers on Kelo v. City of New London
There are several interesting revelations, including an unpublished dissent by Justice Antonin Scalia.
Property Rights
What I Hope to Learn from Justice Stevens' Papers on Kelo v. City of New London
The author of one of the Supreme Court's most widely hated rulings left us extensive files on the case, which have just been made public. They could help shed light on key unanswered questions about.
'It's Like Stockholm Syndrome': Gloria Álvarez Is Trying To Save Latin America From Socialism
"If there is freedom, private property, rule of law, then Latin Americans thrive," says the social media star.
The Difference Between Government-Imposed Zoning Restrictions and Private Planned Communities
Unliking zoning, private communities respect property rights, and do not create major barriers to people seeking to "vote with their feet" for a better community.
A YIMBY Victory in Montana
Montana's sweeping new zoning reform is both good in itself and a potential model for cross-ideological cooperation on this issue elsewhere.
More Evidence that Cutting Zoning Restrictions Reduces the Price of Housing
A new Pew Charitable Trusts study examining jurisdictions with that reformed zoning finds far lower rent increases there than elsewhere.
Oral Argument Indicates Property Rights Likely to Prevail in Supreme Court Home Equity Theft Takings Case
The decision may even be unanimous.
Unusual Cross-Ideological Agreement in Tyler v. Hennepin County
Takings cases often divide opinion along left-right ideological lines. The home equity theft case argued before the Supreme Court today is a rare exception.
She Had $2,300 in Unpaid Taxes. The County Bilked Her for $25,000.
Geraldine Tyler's case is not unique; home equity theft is legal in Minnesota and 11 other states.
Supreme Court Decides to Hear Important Asset Forfeiture Procedural Property Rights Case
The Court will determine whether the Due Process Clause prevents the government from using asset forfeiture to seize property and hold it for many months without a timely hearing.
Race, "Wokeness," and Kidney Transplant Shortages
Some conservatives are in the awkward position of resisting both policies that reduce the role of race in allocating kidneys for transplant, and those that increase it. The better way to alleviate kidney shortages is to legalize organ markets.
Video of My Federalist Society "Seat at the Sitting" Talk on Tyler v. Hennepin County
My presentation covers an important takings case currently before the Supreme Court.
Zoning Restrictions Spread to New Areas, Making Housing Crisis Worse
Harvard economist Edward Glaeser describes a dangerous trend. But a cross-ideological tide of reform might help reverse it.
Denver Voters Reject Plan To Let Developer Convert Its Private Golf Course Into Thousands of Homes
Developer Westside wanted to turn its 155-acre property into 3,200 homes and a public park.
The First 'Missing Middle' Reform of the Year Has Passed. Will It Get Housing Built?
Arlington's successful passage of a modest missing middle housing reform bill after an intense debate raises the question of whether YIMBY politics can practically fix the problems it sets out to address.
Tennessee Will Use Eminent Domain To Evict Black Farmers for Ford E.V. Factory
The state promised Ford nearly $900 million in incentives, including new and upgraded roads. But it chose to run that new road through a number of black-owned farms.
New York Lawmakers Could Pass the Nation's Strictest State-Level Rent Control Law by the End of the Week
A controversial "good cause" eviction bill that would cap rent increases could be included in a budget bill that must pass by April 1.
Progressive Politicians Are Regulating Their Own Projects Into Oblivion
Excessive government interference in the market hurts consumers and thwarts policy goals. It also gets in the way of the government itself.
Victory for Property Rights in Highly Technical Supreme Court Decision
An unusual coalition of liberal and conservative justices rules that property owners have right to use Quiet Title Act to contest federal intrusion on their land, even in some cases where the statute of limitations may have passed.
Federal Agencies Keep Failing To Legally Interpret the Clean Water Act
The Biden administration is the third administration in a row to fail to issue Clean Water Act regulations that pass judicial scrutiny.
A Town Without Zoning Fights To Stay Free
In Caroline, New York, officials are trying to impose the city's first zoning code. These residents won't have it.
Supreme Court Should Take and Reverse Fifth Circuit Decision that Creates a Catch-22 for Takings Claims Against State Governments
The badly flawed ruling defies the Supreme Court's landmark 2019 decision forbidding such Catch-22 traps.
Supreme Court Historical Society Airing of "Little Pink House" (2017 Movie About Kelo v. City of New London), with Me as Commentator
This April 11 event is free and open to the public.
The COVID-19 Pandemic Permanently Damaged Property Rights
Officials used the crisis to impose policies they already supported but couldn't get through the normal legislative process, like bans on evictions.
Arlington, Virginia Enacts "Missing Middle" Zoning Reform
The new policy isn't ideal. But it's an important deregulatory step in the right direction, making it easier to build new housing in response to growing demand.
China's Purchases of U.S. Land Stoke Bipartisan Panic, Just Like Japan's Did In the 1980s
People panicked in the 1980s that Japan's economic largesse posed a grave threat to American interests. Then the market reined it in.
The One-Way Rent Control Ratchet
The allegedly smart balance "anti-rent gouging" policies have struck between supply and stability is already unraveling.
My Forthcoming Article on "The Case for Expanding the Anticanon of Constitutional Law"
It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.
North Carolina Using Eminent Domain To Seize Homes and a Church for Electric Car Factory
Under the Kelo v. New London Supreme Court decision, a state can take private land to give to a private developer for almost any reason it wants.
The Place Where Property Law Happens in New York City
By an amazing coincidence, a current property dispute is occurring at the site of a storied property law case.
A Tavern Keeper's Last Stand at the Alamo
Vince Cantu says the eminent domain threats to seize his property are "stupidly ironic" and "completely un-Texan."
Was the Chinese Surveillance Balloon in U.S. "Near Space"?
The nation's control over the air above our heads is less settled than some may think.
Zoning Crackdown Puts Animal Rescue Operation at Risk of Closing
Fairytale Farm Animal Sanctuary's work caring for abandoned and disabled animals is imperiled by a demand from the Winston-Salem city government that the nonprofit stop hosting on-site fundraisers and volunteer events.
Federal Appeals Court Rejects Rent Control Challenge, Says Government Has Wide Powers To Regulate Land Use
The 2nd Circuit reasoned that the government hasn't necessarily taken a landlord's property when it forces him or her to operate at a loss while renting to a tenant he or she never agreed to host.
This Texas Bill Could Bar Certain Immigrants From Buying Property in the State
Gov. Greg Abbott has already announced that he’d sign the bill if passed.
My New Video on Kelo v. City of New London
The video is part of the Federalist Society's series on important Supreme Court decisions.
The Alamo Is Trying To Eminent Domain This Man's Bar to Make Way for Museum Honoring Alamo Defenders
"I think, in principle, it's ridiculous to have to deal with this eminent domain bullshit on the grounds of the Alamo," says owner Vince Cantu.
One Small Step for Native American Water Rights
The Colorado River Indian Tribes have just won a victory—but there are a lot more controls that need to be lifted.
Elizabeth Warren, Jamaal Bowman Want To Give Lina Khan the Power To Impose Rent Control on the Whole Country
Warren and fellow progressive Democrats have asked President Joe Biden to use the FTC, HUD, or maybe the FHFA to impose nationwide rent control.
Supreme Court Decides to Hear Case Challenging State Law Empowering Government to Seize Entire Value of a House to Pay Much Smaller Property Tax Debt
Minnesota law allowed Hennepin County to seize a $40,000 home owned by a 93-year-old widow to pay off a $15,000 tax debt.
Historic Preservation Laws Are Stopping This Historic Church From Preserving Itself
Montreal's heritage laws could prevent the financially troubled St. John the Evangelist church from converting its little-used parish hall into a much-needed, revenue-generating asset.
New York Gov. Kathy Hochul's Housing Plan Avoids Common Mistake of Other YIMBY Reforms
The governor would let developers route around local zoning codes and get housing projects approved directly by state officials.
The Supreme Court Case That Could Upend the Clean Water Act
If SCOTUS finds in favor of a small-town Idaho couple in Sackett v. EPA, it could end the federal government's jurisdiction over millions of acres of land.
Help the Working Class by Deregulating Housing Construction
Economist Bryan Caplan explains how cutting back on zoning and other restrictions could create millions of new jobs for workers - on top of other beneficial effects.
Illinois City Agrees To Stop Fining People for Resisting Warrantless Home Inspections
Zion’s attempts to push out unwanted renters collides with Fourth Amendment protections.
Biden Administration Finalizes New WOTUS Definition for the New Year
The EPA and Army Corps have finalized a revised definition of "waters of the United States," which defines the scope of federal regulatory jurisdiction under the Clean Water Act.
New York's Ultra-Broad Definition of "Blight" Continues to Enable Eminent Domain Abuse
In this case, it enables the state to declare the area around Penn Station in New York City "blighted" and thereby authorize the use of eminent domain to take property for transfer to private interests.
