Three Supreme Court Justices Signal Willingness to Reconsider Kelo v. City of New London
It's an indication that the notorious decision holding that the government can take property for private "economic development" may be vulnerable.
Property Rights
At Least 5 Justices Seem To Think the CDC's Eviction Moratorium Is Illegal. SCOTUS Left It in Place Anyway.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
Did Congress Give the CDC More Authority Than the President?
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
Eminent Domain Prevails Over Sovereign Immunity in Supreme Court Case Both Sides Deserved to Lose
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.
Unanimous Supreme Court Ruling Bolsters Right to File Federal Takings Cases Against State and Local Governments
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."
My "The Hill" Article on Cedar Point Nursery v. Hassid
The article assesses today's important Supreme Court property rights ruling.
Supreme Court Decision in Cedar Point Nursery v. Hassid is a Major Victory for Property Rights
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.
Cheerleaders and Property Owners Prevail in the Supreme Court (Updated)
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.
My Washington Times Article on the Need to Limit Government Power to Take Private Property
The article is Part I of a two-part series.
My New Article on "The Normality of Knick"
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.
Malibu Man Fined $4.2 Million Over Disputed Beachfront Gate
Warren Lent is suing the California Coastal Commission, arguing that its power to unilaterally hand down massive fines with minimal process is unconstitutional.
My New Article on "Migration and Self-Determination"
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.
When Is a Civil Forfeiture Based on Drug Offenses Excessive? Always.
The question of proportionality assumes that punishment is appropriate for peaceful conduct that violates no one's rights.
Indiana Supreme Court Finally Puts an End to the Timbs Asset Forfeiture Case - "Reminiscent of Captain Ahab's Chase of the White Whale Moby Dick"
The case has generated three state supreme court decisions, plus a landmark ruling by the federal Supreme Court.
In a Rush To Ban Vaccine Passports, Texas Is Violating Private Property Rights
Texas Gov. Greg Abbott says he stands for freedom. That doesn't apply to business owners.
Neighbors Won't Let Decaying L.A. French Restaurant Die, Despite Owner's Wishes
Cruel NIMBYism hides in call for historic preservation.
Land-Use Restrictions Cause Housing Shortages in Britain, too
As in the US, they often block the building of new housing in response to demand.
Sixth Circuit Rules Property Owners Can go to Federal Court to Argue Takings Clause Bars Seizure of Home Equity in Cases Where Property is Foreclosed to Pay off Tax Delinquencies
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.
Arizona's Newly Enacted Forfeiture Reforms Will Make It Harder for Cops To Steal Property
The new law requires a criminal conviction prior to civil forfeiture and beefs up due process protections for property owners.
A 5th Federal Court Has Struck Down the CDC's Eviction Ban
The latest ruling from the a U.S. District Court in D.C. finds the agency vastly exceeded its powers in banning landlords from trying to evict non-paying tenants.
Federal Regulators Require Rent Collectors To Lie About the CDC's Illegal Eviction Moratorium
The Consumer Financial Protection Bureau claims to be enforcing a law that prohibits "false or misleading representations."
A Supreme Court Eminent Domain Case Both Sides Deserve to Lose
PennEast v. New Jersey features a clash between the power of eminent domain and state sovereign immunity.
Arizona Legislature Passes Bill Requiring Convictions for Asset Forfeiture
If the governor signs the bill into law, Arizona will become the 16th state to require a conviction for asset forfeiture.
A Cross-Ideological Case for Ending Exclusionary Zoning
A recent Century Foundation report highlights reasons why breaking down barriers to building new housing should appeal to left, right, and libertarians alike.
Lessons of an Effort to Compensate Victims of an Unjust Use of Eminent Domain a Century after it Happened
Los Angeles County, California, plans to return land unjustly seized from a black family in 1924.
Ayanna Pressley Wants To Cancel the Rent. She's Also Made at Least $15,000 As a Landlord.
The Massachusetts Congresswoman is a two-time supporter of the Rent and Mortgage Cancelation Act.
Exclusionary Zoning is Even Worse than Previously Thought
Fixing a calculation error in a leading academic article on the subject shows that zoning has a far bigger negative impact on the economy than was previously realized.
How Living on a Socialist Kibbutz Reveals the Value of Private Property
Economist Meir Kohn explains how kibbutz life helped him understand the flaws of socialism and the value of property rights.
My "The Hill" Article on Cedar Point Nursery v. Hassid
My article considers the implications of a major takings case currently before the Supreme Court.
A California Law Allows Union Organizers To Invade Farms Without Permission. This Lawsuit Wants To Change That.
The Supreme Court will decide if the rule violates property rights.
Additional Issues in Cedar Point v. Hassid
In this post, I consider some additional issues that came up in the recent Supreme Court oral argument in an important takings case.
Supreme Court Hears Oral Argument in Major Takings Case - Property Owners Seem Likely to Prevail
The Court seems likely to rule in favor of property rights in Cedar Point Nursery v. Hassid.
Another Federal District Court Rules Against CDC Eviction Moratorium
This is the third court to rule that the moratorium is illegal. Two decisions have upheld it.
CDC Can't Force Landlords To Provide Free Housing, Says Court
Plus: Mexico moves closer to legalizing marijuana, Facebook fights monopoly allegations, and more...
After the Cops Seized Her Car, the Government Waited Five Years Before Giving Her a Chance To Get It Back
In Massachusetts, Malinda Harris argues, civil asset forfeiture routinely violates the right to due process.
A City Charged This Woman More Than $100,000 for Parking on Her Own Property
Sandy Martinez says that fine, along with another $63,500 for driveway cracks and a downed fence, violates Florida's constitution.
Supreme Court Ducks Opportunity to Clarify Regulatory Takings Doctrine - Over a Strong Dissent by Justice Thomas
Thomas is right that the doctrine is a mess. But the Court may not be in any hurry to clean it up.
Supreme Court Rejects Opportunity to Reconsider Penn Central
Justice Thomas dissented from denial of certiorari by himself to urge a revamp of Takings Clause jurisprudence.
South Dakota Supreme Court Rules Property Owners not Entitled to Compensation for Severe Damage to their Home Inflicted by Police During a Law Enforcement Operation
The ruling denies relief under a state constitutional provision requiring compensation for "taking" or "damaging" of private property by the government. Many other states have similar provisions.
Civil Forfeiture Does Not Seem To Reduce Drug Use or Help Fight Crime
A new study provides further evidence that property seizures are driven by financial motives rather than public safety concerns.
The Seemingly Interminable Saga of the Timbs Asset Forfeiture Case Continues
It went all the way to the US Supreme Court, and is now back in the Indiana state Supreme Court for the third time.
California Preservationists Sue To Overturn Law That Requires Property Owners Consent To Having Their Homes Landmarked
The lawsuit from three Orange County preservation groups argues that supposedly historic buildings should be afforded the same environmental protections as "air, water, and forests."
My USA Today Op Ed on Josh Hawley, Freedom of Speech, and Threats to Liberty From Left and Right
Both Hawley's "national conservatism" and similar ideas prevalent in many quarters on the left threaten free speech and liberty more generally.
How Biden Can Terminate Trump's Border Wall Project - And Save Money and Protect Property Rights in the Process
Joe Biden can easily stop further work on the wall, protect property owners against further takings of private property, and save money in the process. Additional steps may be tougher, but are still worth considering.
How Immigrants Make America Great Again (and Again and Again)
A new book documents that newcomers revitalize beliefs in hard work, property rights, and the rule of law.
Man Wins Suit vs. Parents Who Threw Away His Porn Collection (or, How Pornography Is Like Wine)
The interesting legal issue is whether the parents converted his property "for [their] own use," thus entitling him to three times the actual damages under Michigan law.
