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Property Rights
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.
Right to Get Guns Back Once Temporary Anti-Stalking Injunction Is Dismissed
"We certainly would not fault a trial judge's desire to ensure public safety. But judicial concern, understandable as it may be, does not confer judicial power."
Roxy the Bed Bug Dog: The End of Secure Property Rights in Working Animals?
A N.Y. court applies a "best for all concerned" standard to hold that the employer (which owns the dog) can't get the dog back from the ex-employee with whom the dog worked and lived.
Foxconn Debacle is Yet Another Example of the Dangers of Using Eminent Domain to Promote Economic Development
As in many previous cases, government officials promised huge economic gains from seizing property for transfer to private interests - but failed to deliver.
This Forfeiture Victim Waited 2 Years Without a Hearing. Is That Due Process?
The Institute for Justice wants the Supreme Court to rule that the Fifth Amendment requires a prompt post-seizure hearing.
How to Beat Legalized Larceny
Government bullies empowered by civil forfeiture laws often back down, but only when their victims can afford a fight.
Supreme Court Decides to Hear Important Takings Case
It will review a Ninth Circuit decision holding that there is no taking when the government forces property owners to grant union organizers temporary access to their property.
Libertarians Should Make More Use of Referendums
Libertarianism is far from wildly popular, overall. But libertarian causes have done well in referenda in recent years. We can build on that.
Massachusetts Voters Affirm the Right To Repair Your Own Car
The most expensive ballot initiative campaign in Massachusetts history ended with a resounding victory for property rights.
Victories for Liberty, Property Rights, and Nondiscrimination on Three Major California Ballot Measures
Beneficial outcomes on at least three of four important California ballot measures: racial preferences, rent control, and protecting ride-share businesses and workers.
Californians Vote on Four Ballot Measures with Major Stakes for Liberty, Property Rights, and Justice
These votes could have a big impact on the nation as a whole, as well as California.
Why Biden is a Lesser Evil than Trump
Both candidates have serious flaws. But a Trump victory would be a much greater evil than the alternative.
Rethinking the Seattle "CHOP" Takings Case
Property owners are suing the city for helping far-left activists seize control of their property during the period when it allowed the latter to rule an "autonomous zone" covering 16 blocks in the area.
Property Owners' Lawsuit Against Seattle Over Its Toleration of the "CHOP" Takeover Can Go Forward
Plaintiffs allege that Seattle affirmatively supported the Capitol Hill Occupying Protest (rather than just declining to stop it).
Pope Francis Is Wrong. Property Rights Are Human Rights.
The pope conveniently forgets that as a property-rights-based market economy has expanded, grueling poverty has receded worldwide.
Surveying the Federal Government's Kafkaesque System of Legalized Larceny, the 5th Circuit Sees No Due Process Problem
Gerardo Serrano, whose truck was seized over five forgotten handgun rounds, waited two years for a hearing he never actually got.
In 2020, We Have Forgotten How To Leave People Alone
Shopping at Target. Dining outdoors. No activity these days is too mundane for protesters to shout at you for it.
George R.R. Martin Becomes a Victim of NIMBY Zoning Restrictions
Sadly, he's far from the only one. If we want to "break the wheel" of poverty and housing shortages, we need to roll back zoning.
There Is No Defense for Looting
It is one thing to peacefully march against injustice, and quite another to burn down what others built up.
A Nebraska County Took His $25,000 Property To Settle a $986 Tax Debt. Now the U.S. Supreme Court Could Get Involved.
Walter Barnette didn't know that his own land had been sold out from under him until it had already happened.
Seattle and Washington State Are Being Sued Over Their Eviction Moratoriums
A new lawsuit argues that the city and state's eviction bans are an unconstitutional impairment of contracts unrelated to the COVID-19 pandemic.
Trump's Eviction Moratorium Could set a Dangerous Precedent [Updated]
It's a power grab that could undermine federalism and separation of powers, and imperil property rights.
After the DEA Robbed Her of $43,000 at an Airport, She Joined a Class Action Challenging the Agency's Cash Grabs
The lawsuit argues that the DEA is violating the Fourth Amendment by seizing money from travelers without evidence of criminal activity.
Tucson Handyman Gets His Jeep Back After He Threatens to Fight the Forfeiture
The cops seized Kevin McBride's $15,000 car because his girlfriend allegedly used it for a $25 marijuana sale.
The Cops Took This Guy's $15,000 Jeep Because His Girlfriend Allegedly Used It for a $25 Marijuana Sale
Kevin McBride argues that Arizona's civil forfeiture law is unconstitutional.
Minneapolis Tells Residents With Riot-Wrecked Buildings They Can't Clean Up Until They've Paid Their 2020 Property Taxes in Full
After failing at the one thing people think they need from government, Minneapolis is getting tough on making damaged citizens pay up.
The Cops Took This Guy's Car Because He Unwittingly Rented It to an Alleged Drug Dealer
Like other innocent owners, Manni Munir finds that fighting a civil forfeiture can cost more than the property is worth.
Everybody Is Jumping to Conclusions About This Couple's Show of Force in Response to Trespassing Protesters
Mark and Patricia McCloskey's justification for brandishing their guns depends on facts, not ideology.
County Wants Answers From Treasurer Who Seized Man's Home Over $8 Tax Bill
Officials in Oakland County, Michigan, are worried they could be on the hook for more than $30 million in payments to former homeowners victimized by an aggressive forfeiture scheme.
Michigan Supreme Court Rules Government Can't Seize Entire Value of Home Over Property Tax Delinquency Worth $8.41
The Court unanimously ruled such a tax "forfeiture" qualifies as a taking for which compensation must be paid.
Michigan Supreme Court Rebukes County That Seized Home Over $8.41 Tax Debt
Uri Rafaeli was one of hundreds of Michigan homeowners to be victimized by the state's overly aggressive property tax forfeiture law.
En Banc D.C. Circuit Delivers Big Win for Landowners
The U.S. Court of Appeals for the D.C. Circuit rejects a procedural trick used by FERC to avoid judicial review.
New York's Highest Court Upholds Taking of Private Property for Pipeline that Might Never Get Built
The 4-2 ruling is reminiscent of the federal Supreme Court's dubious decision in Kelo v. City of New London, which also upheld a condemnation for a project that turned out to be a dud.
The 15th Anniversary of Kelo v. City of New London
Today is the anniversary of one of the most controversial - and most unpopular - property rights decisions in the history of the Supreme Court.
Israeli Supreme Court Strikes Down Law Authorizing Expropriation of Palestinian Private Property for Use by Israeli Settlers—and Cites my Work on Eminent Domain in the US in the Process
The decision distinguishes US Supreme Court cases allowing the government to transfer property from one private party to another for almost any "public purpose."
