Category: property rights

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judiciary property rights

Lost Justice, Long Island

Brinkmann's, Institute for Justice, IJ, property

You can’t win them all.

The Institute for Justice and its clients, Ben and Hank Brinkmann, suffered a defeat in a recent eminent domain case, Brinkmann v. Southold, New York, when the U.S. Supreme Court declined to take the case.

IJ notes that the three justices in favor, Thomas, Gorsuch, and Kavanaugh, “took the unusual step of recording their votes publicly.” But four votes were needed.

The two brothers own a chain of hardware stores. In 2016, they found an apparently ideal place for a new store in Southold, New York.

Although the property they bought was commercially zoned, the town government imposed one arbitrary and expensive obstacle after another to prevent construction. Finally, it used eminent domain to seize the property.

Though blatant, the town’s arrogant and capricious behavior was accepted by lower courts.

“Government shouldn’t be able to get away with these abuses of power,” the brothers say, “and shining a light on them like we did with the help of IJ will continue to build public support so that one day no one will have to go through what we have.”

Sometimes, when the bad guys go all out to violate the rights of people who are willing to go all out to defend those rights, unfortunately it’s the bad guys who “win,” if you want to call getting away with it a victory.

But the good fight is itself a kind of victory, and it will lead to victories for others.

This is Common Sense. I’m Paul Jacob.

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crime and punishment property rights social media too much government

The Squirrel vs. The State

squirrel, government, regulations

“Squirrel!”

In an age of short attention spans and viral memecraft, the latest cultural moment regarding a squirrel could influence more minds about politics than all the quips, speeches and gaffes of Trump and Harris combined.

The news is not hard to understand. “Wild squirrel that was taken in by Mark Longo seven years ago was confiscated after conservation officials received reports of ‘potentially unsafe housing of wildlife,’” is how The Guardian put it on Halloween. 

“An orphaned squirrel that became a social media star called Peanut was euthanized after New York authorities seized the beloved pet after a raid on his caretaker’s home, authorities said,” was Saturday’s Guardian update.

After the six- (or ten-) officer raid and after the execution, the deluge: ire and satire flooded the meme-o-sphere.

Not a few governments enforce laws against taming wild animals. One concern is rabies, though the rabies danger of a squirrel rescued as a baby and raised indoors must be preciously close to ZERO. When individuals own tigers and other predators, the danger is obvious — but certainly P’nut was not such a concern.

This is just the way the modern State operates: bureaucratically, with lumbering indifference to property rights (the squirrel was indeed owned, and housed privately), liberty (sans harm, the case to leave well enough alone is pretty clear), and common sense (Andy Griffith would not have put down the squirrel; he would have told Barney Fife to put down the revolver). 

How ridiculous and cruel government can be!

Maybe the last half dozen of undecided Americans will pull the lever, Tuesday, for less nonsensical government intrusion because of it.

It certainly doesn’t make the meddler class look good.

This is Common Sense. I’m Paul Jacob.

Note: We also mourn the passing of Fred the Raccoon, a fellow rescuee at P’Nut’s Freedom Farm, also confiscated and executed by the State of New York for the same trivial infraction of his owner: not licensed by the State.

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Fourth Amendment rights media and media people property rights

The Realism of ‘Rebel Ridge’

Rebel Ridge, Civil Asset Forfeiture, law, police, abuse, corruption

Some viewers of the popular Netflix film Rebel Ridge say that it’s unrealistic. But a certain crucial assumption of the story is very realistic indeed.

The movie assumes that some cops are bad cops. More specifically, it assumes that bad cops often have arbitrary legal authority to do bad things. In the movie, what gets the ball rolling is the arbitrary authority conferred by America’s civil forfeiture laws.

These laws permit officers to confiscate cash on your person if they merely have a suspicion, or pretend to, that the cash is ill-​gotten. They needn’t have evidence that it’s drug money or bank-​robbery proceeds. 

The suspicion is enough.

And even if you can show that the money was acquired by your own hard work and withdrawn from your bank account in pursuit of a legitimate end — buying a truck, bailing a cousin out of jail (the reason that the protagonist carries cash in Rebel Ridge) — that’s typically not the end of it. It’s rare that the law-​empowered thugs who violated your property rights just say “Oops!” and hand your property right back.

J. Justin Wilson of the Institute for Justice observes another realistic portrayal of injustice in the movie, “over-​detaining defendants to keep them quiet.” In real life, though, such over-​detention may have as much to do with bureaucratic sloth as with malice directed toward a particular prisoner.

The solution, says Wilson, is not revenge, but the kinds of legal reform IJ fights for. The movie, on the other hand, leaned more on revenge.

This is Common Sense. I’m Paul Jacob.

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Fifth Amendment rights property rights

Blight Fight

Institute for Justice, property rights

The government destroyed the new fixer-​upper of handyman Eric Arnold, migrant from New Jersey to Georgia, even as he was diligently renovating it. The rationale of Macon-​Bibb County: fighting blight. 

Blight that Arnold was already fighting himself.

What happened to Arnold was not an isolated occurrence.

Institute for Justice reports that over the last few years, “Macon-​Bibb County has demolished over 800 houses that it has designated as blighted through a fast-​tracked, secret code enforcement process that completely avoids court proceedings and deprives property owners of a meaningful chance to protect their property.”

Sometimes, the county doesn’t even notify owners.

Arnold discovered what was about to happen only because a neighbor alerted him that a demolition crew was installing a dumpster on Arnold’s property. He provided officials with evidence of the improvements he was making. But it was like talking to a brick wall. The county’s only answer was to speed up the process.

“To spend all that time and money and sweat and end up with nothing but a bare piece of land, it’s devastating,” he says.

IJ attorney Dylan Moore says that Macon-​Bibb “should welcome skilled home renovators like Eric with open arms. Instead, county officials made demolishing Eric’s house ‘high priority’ after Eric asked for help.…”

IJ and Arnold are suing the county to try to spare others from the loss that he has been made to suffer without any due process whatever. It’s the county’s unconstitutional system that needs demolishing.

This is Common Sense. I’m Paul Jacob.

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property rights regulation

The Developer’s Lot

New York City, property rights, regulations

If you’re going to own things, don’t own them in New York City.

This town is an epicenter of official looting, as, for instance, what the city’s Parks Department is doing to “perplexed plaintiff” Theodore Trachtenberg.

Trachtenberg owns a lot in New York, on which he hopes to build housing. Before he could proceed, he had to remove a tree from the lot.

“Therefore,” the city — the Parks Department, the city, it’s all the same gang — is fining him $230,000.

Why? Well, they want money is why. If you can invest in NYC housing, this means you have money. 

If a little girl without money were to pluck a dandelion in her back yard, Parks would fine her only a quarter, maybe.

Trachtenberg is suing. The filing says: “Parks did not plant the tree, has never performed any work on, nor took care of the tree, nor has even registered it on its online resource called NYC Tree Map.”

The insanity is slightly complicated by a claim that two small trees on a nearby sidewalk were damaged by the work.

“The ownership of those two trees is not being contested, but the damage is,” says Mikhail Sheynker, Trachtenberg’s lawyer. Sheynker says he hasn’t observed the damage that the city describes.

But he has observed that in the 1990s, “the Parks Department didn’t really issue fines over trees. But they figured out this is a moneymaker.”

Trachtenberg should have developed a tract in some other burg.

This is Common Sense. I’m Paul Jacob.

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national politics & policies property rights regulation

National Control

Joe Biden, democratic party, money machine

Is federal rent control, just proposed by Commissar Biden, a good idea or bad?

Well, it’s good in one way — great to torpedo the incentives and capital of owners while reducing the supply of rental units and further eroding property rights. 

All of which is bad.

Very bad.

A few details of the economic principles being blithely ignored by Biden and/​or his handlers are explained by The Wall Street Journal (“another classic White House policy contradiction: Subsidize housing, then discourage its development”), Mises​.org, and Breitbart Business, among other places.

What are the chances that this pot shot at the economy will become law in the near future: slim or none?

Slim. 

Not none, unfortunately — we’ve seen too many unthwarted federal attacks on the property rights of landlords and owners, including during the COVID-​19 pandemic.

The chances are considerably more than slim if there’s a Biden Simulacrum 2 administration.

The goal of Biden and/​or his handlers is to make clear to persons who want something for nothing — a goodly percentage of Biden’s constituency — that even a near-​brain-​dead party leader or his puppeteers can come up with scads of new schemes to loot fellow Americans as long as Biden or a Biden-​type is at least nominally in office.

So if you want more pelf, along with an expiring economy with a war of all against all, vote for Biden! 

Or whoever replaces him at the Democratic convention.

If you want freedom, prosperity, respect for property rights and each other, don’t.

This is Common Sense. I’m Paul Jacob.

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