The ruling authorizing the award is at odds with other federal court decisions holding that law-enforcement exercises of the "police power" are exempt from takings liability.
Even if the value of their property goes down, current homeowners still often have much to gain from breaking down barriers to new housing construction.
As COVID-19 spread across the country, complex rules around land use and building permits made housing the poor and vulnerable effectively impossible.
Now that the pandemic is fading and much of the available rent relief has been spent, L.A.'s eviction moratorium seems like pure regulatory inertia.
The Moore family has lived on their land for generations. Now the state of Alabama says their homes must make way for a highway.
The change represents a substantial reversal of civil forfeiture reforms aimed at protecting innocent property owners.
The Georgetown professor isn't a toy lover—he's trying to convey a philosophical idea about the nature of free will and the capacity of humans to remake the world around them.
Understanding the scope of Cedar Point Nursery v. Hassid.
The settlement came after the Justice Department agreed to return more than $1 million in proceeds from state-licensed marijuana businesses in California.
That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.
Tawanda Hall's house was worth $286,000 more than her overdue tax bill. There was nothing she could do about it.
It explains why laws requiring private property owners to allow guns on their land are an affront to property rights, and violate the Takings Clause of the Fifth Amendment.
Empyreal Logistics agreed to drop its claims against the Justice Department, but it is still suing San Bernardino County Sheriff Shannon Dicus.
The court based its decision on the US Supreme Court's 2021 decision in Cedar Point Nursery v. Hassid.
My Duke Center for Firearms Law piece on why laws forcing private property owners to allow guns on their premises violate property rights and often qualify as takings requiring compensation under the Fifth Amendment.
It includes commentary by housing policy specialist Emily Hamilton (Mercatus Center), and economist Filipe Campante (Johns Hopkins University).
Preservationists hope to make the one-time home of Loren Miller a historic landmark. That it would make it nearly impossible to redevelop the $1.4 million two-bedroom home.
2.5 million dead bees, and an unlikely test of public health powers.
Nay, says the Florida Court of Appeal majority, interpreting a recent "statute authoriz[ing] residential property owners to remove trees from their property without interference from local government" if an arborist or landscape architect says the "trees present a danger to persons or property."
Bianca King argues in a new lawsuit that Lakeway, Texas, zoning officials illegally deprived her of her right to earn a living by denying her a permit for her home day care business.
How the zeal for government project housing killed a prosperous black community in Detroit.
A federal judge declined to issue a temporary restraining order, saying the evidence of legal violations is insufficient at this point.
Michael and Chantell Sackett say they shouldn't have to spend years—and hundreds of thousands of dollars—just getting permission to build on their suburban lot.
The Sacketts get a return trip to the Supreme Court.
The Institute for Justice argues that the seizures violated state law, federal law, and the U.S. Constitution.
Fowl regulations are improving in some places, ruffling feathers in others.
The article challenges longstanding conventional wisdom claiming that judicial review of democratically enacted laws is at odds with popular political choice.
Malinda Harris’ ordeal shows how easily the government can take innocent people’s property under civil forfeiture laws.
Plus: Quarantine requirements for international travelers, Fed Chair Jerome Powell says it's time to stop calling inflation "transitory," and more...
The decision is at odds with rulings by some other federal courts, and could end up setting an important precedent.
Something to be grateful for.
Keddins Etienne's experience shows that bullies who seize innocent people's property tend to back down when their victims put up a fight.
The land was taken in 1924 in order to kick a black family out of Manhattan Beach, California.
The city's solicitation of public input on the demolition of shacks, sheds, and boarded up homes is an invitation for NIMBYism.
Requiring that homes and apartments be a minimum size is a major driver of high housing costs. A new lawsuit from a nonprofit developer argues those rules are also unconstitutional.
The tradable development rights the city has in its possession are only made valuable by its insane restrictions on new development.
"What they're doing is like robbery," observed one property owner.
Neither politician is willing to tolerate deviation from the one business policy he thinks is best.
Richard Martinez lost his dream car because of VIN-plate issues prosecutors admit he was "not aware of."
Adam Liptak reports on a Supreme Court typo that was quickly fixed, but lives on nonetheless.
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.
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