Property Rights
Nova Scotia Bans Everyone From Hiking in the Woods Until October
The province says this will prevent forest fires. Those who violate the ban will face a $25,000 fine.
Natural Property Rights: A VC Preview
Foxes, whales, and injustice toward the property claims of aboriginal tribes.
Natural Property Rights: A Volokh Conspiracy Preview
An overview. (Or, what you can learn about property from John Locke and Monty Python's Flying Circus.)
Louisiana Wildlife Officials Killed a Blind Deer After a Family Nursed It Back to Health
The family also faced over $1,600 in fines, which were ultimately dropped.
My New Boston Globe Article on Why Massachusetts Should Reject Rent Control, and Instead End Exclusionary Zoning
Rent control would only make the housing crisis worse. Zoning reform would make things better.
The Government Seized 7 Horses From a Georgia 'Urban Cowboy.' A Court Says He Can Sue.
In a rare and significant decision, a federal court ruled Brandon Fulton can sue directly under the Takings Clause—without Congress creating a specific remedy.
Minnesota Town Denies Family Permission To Build Affordable Housing Unit on Their Property
The Pepin family is suing the City of Blaine after the City Council used dubious reasoning to deny a permit for additional housing on their property.
Federal Appeals Court Rules Takings Clause Creates Cause of Action Even Without Additional Federal or State Legislation
Victims of uncompensated takings can sue directly under the Constitution. The case involved uncompensated seizure of horses.
Update on Potential Condemnation of New Jersey Church to Build a Park and Pickleball Courts
After a public outcry, the scheduled vote on the plan to use eminent domain has been postponed indefinitely. If the Town of Toms River does try to condemn the church, there is likely to be a major legal battle.
The Government Took Their Home Equity Over Modest Debts. Michigan's Supreme Court Just Threw Them a Lifeline.
Years after home equity theft was ruled unconstitutional, Michigan keeps looking for ways around the ruling.
Is Housing 'Out of Reach' for More Than Half of Workers?
Plus: Single-stair reform in Nashville, an inclusionary zoning lawsuit in Seattle, and a zoning-created full-service Popeyes in Illinois.
For Years, Oregon Stole People's Home Equity Over Modest Tax Debts. A New Law Puts an End to That.
The state just cracked down on a form of state-sanctioned robbery, where governments seized and sold homes over minor tax delinquencies—and then pocketed the profits.
Conservatives Shouldn't Oppose California's Potential Zoning Reforms
You have rights to your property, not to control others.
Seattle Property Owners Challenge Program That Charges 'Affordable Housing' Fees for Building New Homes
A new lawsuit alleges that the city's Mandatory Housing Affordability program unconstitutionally penalizes property owners just for trying to build housing.
Barack Obama Wants Democrats To Be the YIMBY Party. That's Easier Said Than Done.
The housing crisis is bad for national Democrats. At the state level, it's a political winner.
Life as an Academic Defender of the Intuitively Obvious
Academics are supposed to discover nonobvious, counterintituitive truths. But, especially in recent years, much of my work involves defending positions that seem obvious to most laypeople, even though many experts deny them.
New Jersey Court Strikes Down Town's Use of Eminent Domain To Skirt Affordable Housing Mandates
Despite the setback, Middletown Township is taking the case to the state supreme court.
Supreme Court Refuses to Consider Eviction Moratorium Takings Case
But Justice Clarence Thomas wrote a strong dissent to denial of certiorari.
Pacific Legal Foundation Symposium on the 100th Anniversary of Euclid v. Ambler Realty
The symposium is seeking submissions.
NIMBY Lawsuit Accidentally Abolishes City's Entire Zoning Code
Plus: The Supreme Court declines to hear major eviction moratorium case, Maine passes zoning reform, and why tourist traps are good, actually.
NIMBYism Stifles Housing Construction in Previous Growth Areas
In recent years, exclusionary zoning and other regulatory restrictions have begun to block housing construction in areas where it was once relatively easy.
California Passes Important New YIMBY Housing Law
The new legislation exempts most new urban housing construction from the previously often stifling CEQA law. YIMBY ("yes in my backyard") advocates are cheering.
New York City Tried To Seize Lucy the Pig. Mayor Eric Adams Says the Family Can Keep Her—If She Leaves Town.
The owners faced fines of up to $18,000 for keeping the pig within city limits.
California Enacts Sweeping Exemption to Development-Killing Environmental Law
Plus: Real rent decreases in New York City, the return of missing middle housing in Virginia, and how everyone's a socialist on housing in New York.
Federalist Society Webinar on the 20th Anniversary of Kelo v. City of New London
The panelists included Peter Byrne (Georgetown), Wesley Horton (counsel for New London in the case), Timothy Sandefur (Goldwater Institute), and myself.
Stealing the Farm
Plus: housing reform is killed in Connecticut, bonus ADUs are gutted in San Diego, and two decades of Supreme Court-enabled eminent domain abuse.
The 20th Anniversary of Kelo v. City of New London
On this anniversary, I have posted two new articles related to one of the Supreme Court's most controversial decisions.
The Government Seized Her Home for a Project That Never Happened
Twenty years after Susette Kelo lost at the Supreme Court, the land where her house once stood is still an empty lot.
My Forthcoming Article on " Public Use, Exclusionary Zoning, and Democracy"
It is part of the Yale Journal on Regulation Symposium on the 20th Anniversary of Kelo v. City of New London.
New Real Estate Regulations in Massachusetts Shrink Homebuyers' Negotiating Power
A new state law will make it harder to waive inspections.
New Jersey Business Owners Sue City of Perth Amboy Over Bogus Blight Designation
Two business owners are suing the city of Perth Amboy for using eminent domain to seize their property based on unsubstantiated allegations of blight.
Why Donald Trump and Josh Hawley Are Wrong To Call for Jailing People Who Burn the American Flag
The Supreme Court ruled decades ago that burning the flag is protected by the First Amendment, no matter how offensive that act may be.
SpaceX's New Company Town Considers Adopting NIMBY Zoning Code
Starbase, Texas, is rushing to restrict development in the newly incorporated city.
Missouri Town Wants To Seize Local Businesses Over Chipped Paint and Cracked Sidewalks
Brentwood business owners are challenging the city’s definition of blight in an ongoing lawsuit against city officials' use of the dubious designation to invoke eminent domain.
Iowa Landowners Fight Seizure of Private Property for a Pipeline
The proposed 2,500-mile pipeline would transfer carbon dioxide from ethanol plants in five states to a permanent storage site in North Dakota.
New Study Highlights Housing Shortages Caused by Regulatory Barriers to Construction
The study by leading housing economists Edward Glaeser and Joseph Gyourko finds there are 15 milion fewer housing units in the US than there would be if construction in 2000-2020 had continued at the same pace as in 1980-2000.
Florida Woman Fined $165,000 for Trivial Code Violations Takes Her Case to the Florida Supreme Court
Sandy Martinez was fined for a parking violation on her own property, driveway cracks, and a storm-damaged fence.
Starter Homes Live in Texas, Die in Arizona
Plus: A new constitutional challenge to inclusionary zoning fees, a vetoed ban on rent-recommendation software, and a ill-conceived rent freeze in New York City.
New Jersey Town Seeks to Condemn Church to Build a Park and Pickleball Courts
The move may be a pretext for blocking the church's plan to build a homeless shelter. If the town proceeds, it will face near-certain litigation under the federal and state constitutions.
Pope Leo's Childhood Home Faces Eminent Domain as He Relocates to a More Eminent Domain
The last Pope Leo denounced state seizures of private property as "emphatically unjust."
A Major Property Rights Case Idles on Supreme Court Docket
The Court has been punting for months on whether it will take up a legal challenge brought by Los Angeles landlords alleging their city's COVID-era eviction ban was a physical taking.
New Jersey Town Uses Flimsy Blight Allegations To Seize Tire Shop, Apartment Building
Plus: The White House proposes stiff funding cuts at HUD, Baltimore proposes "missing middle" reforms, and Gov. Gavin Newsom urges local governments to clear encampments.
New Jersey Town Says Small Setbacks, Stray Cats Allow It To Seize Private Property
Two business owners say the city of Perth Amboy is using exceedingly flimsy blight allegations to take, and potentially demolish, their property.
Texas Lawmakers Want To Use 'Police Power' of the State To Halt Renewable Energy Projects
The legislature is advancing three bills that will trample on private property rights and give natural gas a leg up in the Lone Star State.
In 12 Years, This $40 Billion High-Speed Rail Line in Texas Has Not Laid a Single Foot of Track
The budget for the project has quadrupled, and private property owners have opposed the use of eminent domain along the proposed 240-mile route.
