Category: property rights

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folly Fourth Amendment rights property rights

Can They Do That?

Zion, Illinois, apartment, inspection, civil liberty

Residential tenants in Zion — and their landlords — can breathe a sigh of relief.

The Zion, Illinois, government can no longer send officials to barge into rented homes at will to conduct obnoxious inspections.

The inspection regime was instituted in 2015 by a mayor who blamed an excess of renters for the town’s financial troubles. The motive for the searches, then, may have been to make it more uncomfortable to rent in Zion. Seriously. As dumb and thuggish as that.

Robert and Dorice Pierce and their landlord were among the victims of this regime.

When an inspector showed up at the Pierces’ door, they told him to get a warrant. But judges don’t generally accept “important to harass tenants” as a reason for issuing warrants. In any case, any respect for constitutional constraints was incompatible with the very nature of these intrusive practices.

So Zion’s response was to threaten the landlord, Josefina Lozano, with daily and mounting fines until she compelled the Pierces to capitulate. That’s when the trio turned to the Institute for Justice and decided to go to court.

This was familiar territory for IJ, which in the 1990s had successfully fought a similar inspection regime in Park Forest, Illinois.

And now, after three years of judicial proceedings, IJ and its clients have secured a consent decree prohibiting the warrantless inspections and prohibiting the fines.

But those who enacted this outrageous regime deserve a reprimand more stern than merely a loss in court. 

This is Common Sense. I’m Paul Jacob.

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crime and punishment general freedom property rights

Rent-​Free in Oakland

Covid, rental, eviction, moratorium

The city council of Oakland, California just voted 7 – 1 to end the town’s pandemic-​rationalized moratorium on eviction for nonpayment of rent.

But it’s not over yet.

The moratorium will linger on until July 15. Three years is supposedly insufficient time for tenants to gird themselves to again honor the contract with the persons who provide them with shelter.

And then it still won’t be over.

The council’s slow-​walk phaseout comes with a permanent new limitation on what landlords can do. This explains the lone dissenting vote, that of Council member Noel Gallo, who says that the rights of landlords are still being insufficiently protected.

As the text of the legislation passed by the council makes clear, its revision of the city’s “just cause” ordinance further violates the property rights of landlords. In part, the new ordinance provides that any failure to pay rent during the last three years which a tenant can plausibly attribute to the pandemic is sufficient to prevent an eviction, even if not relieving the tenant of the obligation to pay that rent.

Will the reprieve be too late and too little for property owners like John Williams? For the last three years, Williams has been stuck with a freeloading tenant who has been financially able to pay rent but who has refused to do so and refused to move.

The tenant, occupying half of the duplex where he also happens to live, owes him $56,000. And Williams is facing … foreclosure.

This is Common Sense. I’m Paul Jacob.

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crime and punishment property rights

It’s a Crime

property rights, rental

Somebody forces his way into your home and insists on hanging around. You can’t eject him yourself, but you manage to contact the police. The police arrive. You prove you’re the owner. The police arrest the intruder and you resume full use of your property.

Patti Peeples and Dawn Tiura want intruders to be treated this same way — as criminals to be thwarted immediately — if owners are away when intruders intrude.

The pair co-​own a Jacksonville, Florida, house that they rent out. After the last tenant moved out, two squatters moved in. They were discovered by a handyman.

To evict the squatters, Peeples and Tiura had to go to court to start justice’s slow wheels turning. It took more than a month.

The squatters told police that they’d been conned by a rental scam. But they had recently told the same story to explain their occupancy of another home in the neighborhood. 

Also, they threw a brick and feces at the owners’ car as the owners were driving past the house. 

And after the squatters were finally evicted, the owners discovered massive damage: missing appliances, holes punched in walls.

So, not innocent. Much less sanitary.

“Squatters are nothing more than criminals who are breaking and entering into a house,” Peeples says. “They should not be handled in civil court. They should be treated within the criminal court system.”

There’s certainly no reason to let them linger and wreak revenge for having suffered the inconvenience of being caught.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment property rights

Half-​Win for Forfeiture Victim

Civil Asset Forfeiture

In August 2020, Jerry Johnson made a mistake: he carried a large sum of money while flying from Charlotte to Phoenix to buy a semi truck for his business. Police grabbed the cash when he arrived in Phoenix.

Mr. Johnson had decided to use cash to avoid certain fees and on the assumption that traveling with cash is legal.

Perhaps it is legal according to mere law. But police often grab any large amount of cash they see someone carrying. They accuse the naïve owners of drug-​running and care nothing about actual evidence.

Threatened with jail when interrogated, Johnson signed a form that, he later understood, stated that the $39,500 was not his. The government kept the cash until he could wrest it back in court.

This, you may remember, is par for the course for civil asset forfeiture in America, where government agents behave like highway robbers.

But in this case — this course — the story didn’t end well for the robbers, for Jerry Johnson has gotten back his money. 

But he has not been made whole. As Land Line points out, in addition to all the time and trouble, there were the legal expenses that Johnson incurred before he obtained the help of Institute for Justice. 

And Johnson also lost business revenue: “There were a lot of business opportunities I’ve missed out on because that money was just sitting in a government account.”

Thankfully, the story is not over, yet, for there are organizations like Pacific Law Foundation and Institute for Justice to help victims of government predation at no charge. In this case, it was Institute for Justice that represented the victim in court.

IJ will continue the case to press for compensation.

This is Common Sense. I’m Paul Jacob.

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general freedom property rights Regulating Protest

Don’t Destroy Farmers

farming, Europe, climate change, global warming

It’s lucky that today’s anti-​agriculture tyrants weren’t around when the Fertile Crescent was just getting going.

But they’re here now.

And they seem hell-​bent on destroying farms.

That’s what thousands upon thousands of European farmers are saying, anyhow, and we should listen to them. After all, they provide the food we eat. We need to eat in order to survive. If we don’t survive, we can’t continue living. So, whatever we do, let’s keep the farmers.

But that’s not current policy, at least in Europe. In the Netherlands, Belgium, and elsewhere, powerful political interests continue their crusade to shut down thousands of farms in the glorious cause of pursuing “climate goals” which, they believe, by being achieved will enable the fine-​tuning of the weather and the creation of the best environment.

Or at least to say they gave it the old college try.

“I want to have the possibility to continue my dad’s farm,” Brendt Beyens told the AP. “But right now I feel like the possibility of that happening is slowly shrinking and it’s getting nearly impossible.”

So once again, thousands of tractors are clogging the streets, this time in Brussels, the capital of Belgium (video of the protest is on Twitter). The farmers object to being destroyed. They have a point.

Nor is it just about the livelihoods of sodbusters. With food prices rising worldwide and the threat of serious famine looms in Africa and parts of Asia, it’s also about saving lives.

My advice for today is don’t destroy farmers.

This is Common Sense. I’m Paul Jacob.

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free trade & free markets property rights too much government

First, Stop Doing That

zoning, regulations, buildings, permits

If a government’s taxes and regulations are making shelter ever more expensive, what should that government do instead?

Stop pushing the disastrous policies, perhaps?

Unlike some other governors who shall remain nameless (one of them rhymes with “DeSantis”), Virginia Governor Glenn Youngkin understands that you don’t make things better by making them worse.

In August, Youngkin bluntly told a state senate committee that Virginia homes are too expensive and that a major cause is government interference with the market: “unnecessary regulations, over-​burdensome and inefficient local governments, restrictive zoning policies, and an ideology of fighting tooth and nail against any new development.”

The many bottlenecks include low-​density zoning rules that permit only a single house per property. Arlington County, Virginia, is one local government working to reform zoning so that more houses can be built on a property.

In November, Youngkin proposed a Make Virginia Home plan to unravel many regulations. City Journal notes that although the plan is “short on details,” it’s a good start.

Under the governor’s plan, the state would streamline environmental reviews, investigate how to liberalize the state’s building codes and land-​use and zoning laws, impose deadlines on local governments to speed up approvals of development, and give local governments incentives to adopt their own market-​liberating reforms.

This agenda is indeed only a beginning. But it does recognize a major cause of sky-​rocketing housing costs and what must be done to begin to reduce those costs.

That’s just Common Sense. I’m Paul Jacob.

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