Barry Fagin, a Senior Fellow at the Independence Institute in Denver, correctly notes that conservatives are very confused about the meaning of property rights. As examples, he cites Florida Gov. Rick DeSantis’ ban of “vaccine passports” and conservative calls to regulate social media companies like Facebook and Twitter. Fagin concludes that property rights have fallen…
Writing in the Washington Times, George Mason University law professor Ilya Somin addresses the issue of “just compensation” required under the Fifth Amendment when eminent domain is used to seize property. Somin notes that courts typically equate “just compensation” with “fair market value.” However, many owners attach a value to their property far above what…
A lawsuit against the city of Chicago illustrates the adage, “it’s not what you know, it’s who you know.” In the early 2000s, Bloomer Chocolate wanted to expand its factory. The company offered the owner of an adjacent property $824,980 for the land. When the owner declined the offer, the city of Chicago seized the…
Progressives can easily find themselves facing a conflict of values. On the one hand, they support efforts to build affordable housing for low-income families. On the other hand, they don’t want that housing near their own home. It’s a classic example of NIMBYism (Not in My Back Yard). This conflict results from altruism. Altruism holds…
City officials in Charleston, South Carolina want to pay homeowners to build accessory dwelling units (ADUs) on their property. Relaxing zoning regulations that limit or prohibit ADUs, also called granny flats or mother-in-law suites, is one way many cities are addressing the shortage of affordable housing. Ending the prohibition on ADUs is a proper step….
Last week, the New York Assembly passed a bill that will make it easier for tenants to sure their landlord when certain repairs have not been performed. The bill would allow judges to provide any relief they choose, including a monetary judgment to the tenant. Earlier this year, the state extended its eviction moratorium until…
In an editorial, the Los Angeles Times has called for the federal government to dramatically expand its housing subsidy program (often called Section 8). Currently, the Los Angeles Housing Authority administers 58,000 Section 8 vouchers. However, the authority estimates that 600,000 vouchers are needed to provide vouchers to everyone who qualifies. If the Housing Authority…
The Texas General Land Office recently announced that it will be seizing private property along the Gulf Coast. Tropical storms in 2020 moved the tide lines along the coast, and according to the Texas open beach statutes, the state owns land from the average low tide line to the vegetation line. The result is that…
In a post about systemic racism, John McWhorter writes: A science teacher conference in Washington state last year included a PowerPoint slide preaching that “If you conclude that outcome differences by demographic subgroup are a result of anything other than a broken system, that is, by definition, bigotry.” This should have been corrected: “If you…
One of the latest trends in the “tenants’ rights” movement is to provide free legal representation for tenants facing eviction. Washington state has passed such a law and other states are considering doing so. As with nearly everything associated with “housing justice,” these laws will ultimately create a host of new problems. As one example,…
An opinion piece in The Dallas Morning News correctly notes that SB12, which would force social media platforms like Facebook to publish content the company finds objectionable. Can you imagine a law that forced someone who plants a yard sign supporting a Republican candidate to also place one for the Democratic opponent beside it? That’s…
As the destruction caused by lock downs continues to grow, housing advocates have called for numerous measures to protect tenants, including rent control. And while economists have long agreed that rent control is destructive to the housing market, that hasn’t stopped politicians from catering to “tenants’ rights” groups. As an example, in Spain, a law…