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A Case Study in Nuisance
Misunderstandings about property rights abound, with nuisance near the top of the list. A controversy in California provides an interesting case study in nuisance. The concept of nuisance as a violation of property rights has its roots in common law. A property owner, according to the concept, has a right to the peaceful use of…
The Failure to Discriminate
Many conservatives oppose vaccine mandates, regardless of its source. They see no difference between a government mandate and a mandate issued by a private employer. The failure to discriminate—to recognize the differences between two or more things—isn’t surprising. Many conservatives do the same when they claim Big Tech is engaged in censorship. Certainly, mandates issued…
Injustice in the Name of Justice
In 2015, The Texas Legislature passed a bill that prohibits local governments from forcing landlords to accept housing vouchers. Sen. Royce West has submitted a bill that would repeal that prohibition and make it illegal to refuse to rent to an individual on the basis of his source of income. West’s proposal would apply across…
Theft is Theft
Imagine for a moment, that a neighbor’s young daughter desperately needs surgery to save her life, but her family can’t afford the medical expenses. If her father broke into homes in the neighborhood and stole money to pay for the surgery, we would recognize his actions as theft. His tragic circumstances do not change the…
Property Rights and the “Little Guy,” Part 2
In Part 1 of this series, we examined how property rights protect the freedom of the “little guy” to improve his economic status. But when property rights are violated, the opportunities are diminished. The minimum wage is one example. Suppose an employer could use someone to perform mundane tasks, such as sweeping the floor or…
Deed Restrictions Versus Property Rights?
Last Friday, the Texas Supreme Court ruled that short-term rentals are not a commercial use of property. The case involved a home owner association that claimed short-term rentals were a commercial use and violated its deed restrictions (also called covenants). Patrick Sutton, the home owner’s lawyer, said, This is about as strong of a property…