Eminent Domain
My New Brennan Center Article on Tyler v. Hennepin County and the Cross-Ideological Case for Stronger Judicial Protection for Constitutional Property Rights
The Tyler home equity theft case is just the tip of a much larger iceberg of property rights issues where stronger judicial protection can protect the interests of the poor and minorities, as well as promote the federalist values of localism and diversity.
Will There Finally be Some Development on the Land Condemned in Kelo v. City of New London?
A new development project may finally build new housing on on property whose condemnation for purposes of "economic development" was upheld by the Supreme Court in a controversial 2005 decision.
Justice Scalia's Unpublished Dissent in Kelo v. City of New London
Its existence was revealed when Justice John Paul Stevens' papers were made public earlier this week.
What I Learned From Justice Stevens' Papers on Kelo v. City of New London
There are several interesting revelations, including an unpublished dissent by Justice Antonin Scalia.
What I Hope to Learn from Justice Stevens' Papers on Kelo v. City of New London
The author of one of the Supreme Court's most widely hated rulings left us extensive files on the case, which have just been made public. They could help shed light on key unanswered questions about.
Tennessee Will Use Eminent Domain To Evict Black Farmers for Ford E.V. Factory
The state promised Ford nearly $900 million in incentives, including new and upgraded roads. But it chose to run that new road through a number of black-owned farms.
Supreme Court Historical Society Airing of "Little Pink House" (2017 Movie About Kelo v. City of New London), with Me as Commentator
This April 11 event is free and open to the public.
Teachers Union Closes L.A. Schools Yet Again
Public sector unions squeeze final gains out of a district that's been bleeding students yet constructing expensive new buildings for two decades.
My Forthcoming Article on "The Case for Expanding the Anticanon of Constitutional Law"
It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.
North Carolina Using Eminent Domain To Seize Homes and a Church for Electric Car Factory
Under the Kelo v. New London Supreme Court decision, a state can take private land to give to a private developer for almost any reason it wants.
A Tavern Keeper's Last Stand at the Alamo
Vince Cantu says the eminent domain threats to seize his property are "stupidly ironic" and "completely un-Texan."
My New Video on Kelo v. City of New London
The video is part of the Federalist Society's series on important Supreme Court decisions.
The Alamo Is Trying To Eminent Domain This Man's Bar to Make Way for Museum Honoring Alamo Defenders
"I think, in principle, it's ridiculous to have to deal with this eminent domain bullshit on the grounds of the Alamo," says owner Vince Cantu.
New York's Ultra-Broad Definition of "Blight" Continues to Enable Eminent Domain Abuse
In this case, it enables the state to declare the area around Penn Station in New York City "blighted" and thereby authorize the use of eminent domain to take property for transfer to private interests.
Biden's 'Made In America' Plan Is Bullying Homeowners Off Their Land to Build a Taxpayer-Subsidized Chip Plant
The president has touted a factory jobs boom. In practice, that means forcing people out of their homes to benefit corporate projects that rely on billions of dollars of subsidies.
Colorado Town Seizing Ski Resort's Land To Stop It Building Employee Housing
The Vail Town Council says that while affordable housing is desperately needed in the community, Vail Resorts' Booth Heights project would threaten local bighorn sheep.
Number of American Mass Murders Relatively Steady Since 2006
Plus: A surge in female voter registrations, eminent domain in North Carolina, and more...
A Black Family's Property Was Seized via Eminent Domain. A Century Later, Their Descendants Just Got It Back.
Segregation-era racists tried to drive the Bruces away from their own beachfront property. When intimidation didn't work, they resorted to the power of the state.
How Would You Change the Constitution?
I asked scholars, podcasters, and passersby how they'd change the nation's founding charter. Here's what they told me.
An Alabama Family Is Fighting a Losing Battle Against Eminent Domain
The Moore family has lived on their land for generations. Now the state of Alabama says their homes must make way for a highway.
The Kinks vs. the People in Grey
Happy 50th birthday to Muswell Hillbillies, a concept album about nostalgia, conformity, and the evils of urban renewal programs.
The Seizure and Eventual Return of Bruce's Beach Shows That Property Rights Are Human Rights
The land was taken in 1924 in order to kick a black family out of Manhattan Beach, California.
California Returns Beach Property Wrongly Taken From Black Family via Eminent Domain
The government confiscated Bruce's Beach at racists' behest.
PennEast Abandons Plans to Use Eminent Domain to Seize State-Owned Land in Case that Resulted in a Major Supreme Court Decision
The case was the subject of a Supreme Court ruling in which the power of eminent domain prevailed over state sovereign immunity.
Two More Worthy Additions to the "Anticanon" of Constitutional Law—Berman v. Parker and Euclid v. Ambler Realty
Second in a series of posts on historically awful Supreme Court decisions that deserve more opprobrium than they get.
My Washington Times Article Making the Case for Increasing Compensation and Procedural Protections for Property Owners Who Lose their Land to Eminent Domain
It's the second in a two-part series on eminent domain reform.
Should an Originalist Justice Support Overruling Kelo v. New London?
The general assumption that the Fifth Amendment bars takings for economic development purposes rests on shaky ground.
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.
Thomas and Gorsuch Say Kelo Eminent Domain Ruling 'Was Wrong the Day It Was Decided' and 'Remains Wrong Today'
The controversial 2005 case "strayed from the Constitution," say Thomas and Gorsuch.
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.
Greg Abbott's Border Wall Plan Is Doomed To Fail
The Texas governor wants to keep incoming migrants out at all costs. But those costs are insurmountable.
When Eminent Domain Is Used for Economic Assassination
Government officials who wield land grabs to pick economic winners and losers now want to use them to kill disfavored businesses.
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.
After Promising To Stop Land Seizures, the Biden Administration Just Stole This Family's Property for a Border Wall
"We are utterly devastated," said Baudilia Cavazos.
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.
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.
Trump's Foxconn Deal Became Just Another Government Development Debacle
The Taiwanese manufacturer promised Trump and then–Governor Scott Walker 13,000 new jobs and a state-of-the-art manufacturing plant. They've delivered a mostly empty building that's one-twentieth the promised size.
The Death of Ruth Bader Ginsburg and the Future of the Supreme Court
What's next for SCOTUS?
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.
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."
Yes, the Constitution Means Your Political Opponents Get Due Process Too
Americans are so locked into their political sides that many of them seem willing to cast aside some of the nation's long-established constitutional protections.
L.A. Politicians Want To Seize Private Apartment Building to Prevent Rent Increases
Gil Cedillo, city councilmember, has introduced a motion asking the city to study its options for seizing the 124-unit Hillside Villa.
Republicans Choose Trumpism Over Property Rights and the Rule of Law
Trump is just who he said he'd be four years ago. By rallying around him, Republicans are choosing to brand themselves in his image.