Tag: property rights

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property rights regulation

Death of a Cemetery

property rights, meadow, cemetery, graveyard

Not everything worth fighting for, or against, is being taken up President Trump and Elon Musk. There are other battles. For a moment, at least, let us direct our attentions closer to home to consider the causes taken up by, say, the Institute for Justice and Pacific Legal Foundation.

Unlike a taxpayer-​funded NGO, always on the march to push big government or social decay, these organizations go to bat for people around the country who are being abused by local governments. 

As an example, take a current IJ case, Brooks Township in Michigan, which has been struggling to prevent Peter and Anna Quackenbush from opening a business: a cemetery. 

This was to be a “green” burial forest that the township board blocked because it disliked the idea.

After losing a court fight over a proposed ban of all new cemeteries as a way to block Peter and Anna’s particular cemetery, the township is now seeking to impose an ordinance dictating that “No new cemetery shall be created, installed, constructed or instituted … unless a written cemetery permit has first been approved and issued by the Brooks Township Board under this Ordinance.”

In other words, a de facto ban by a Board that has made clear its determination to stop Peter and Anna from opening a cemetery on their own property. If this ordinance is allowed to stand, no permit will be issued to them. It’ll be the end of the cemetery. 

Worth fighting against.

This is Common Sense. I’m Paul Jacob. 

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Fifth Amendment rights property rights

Forfeiture Gang Foiled

Nevada, civil asset forfeiture

The Institute for Justice has won a major civil forfeiture case in Nevada.

A district court ruled that the Nevada Highway Patrol — which had grabbed a man’s life savings despite no legitimate suspicion of wrongdoing — can’t try to circumvent state law against arbitrary civil forfeiture (stealing) via a loophole called “federal equitable sharing.”

Even when states reform their laws to prevent police from robbing innocent people, the “equitable sharing” program often “lets them give the forfeiture to a federal agency in exchange for a kickback,” IJ reports.

Gangsterish.

The victim in the present case was Stephen Lara. In February 2021, officers pulled Lara over, detained him for more than an hour, then confiscated the $86,900 in life savings that he happened to have with him, cash that he had saved to buy a house. (He didn’t trust banks.) The Patrol never accused him of any crime. But they tried to keep his money.

With the help of Institute for Justice, Lara got it back — six months later, soon after his case received major publicity. But he and IJ continued to pursue the case, hoping to obtain a ruling that the state constitution prohibits anyone from using the federal program to evade state law.

They have now obtained such a ruling.

If it is allowed to stand, the nightmare of civil forfeiture is over for innocent Nevadans. But the state may appeal. Then it’s up to the Nevada Supreme Court to affirm the obvious.

This is Common Sense. I’m Paul Jacob.

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Fifth Amendment rights property rights

Property Rights for Competitors

Kelo, eminent domain, property rights, IJ, Institute for Justice

New Year’s Resolution for the U.S. Supreme Court: follow the Constitution.

That’s not what happened in 2005 when, by a 5 – 4 majority, the court determined that governments in this country could enjoy an almost unlimited power of eminent domain. The mere prospect of a more taxable commercial entity or mere desire to appease some constituency would suffice to legally justify violating the rights of innocent property owners.

This Kelo v. New London decision was applauded by abusers of power, derided by defenders of property rights. The latter leapt into action, fighting for legislation in 47 states to give property owners firmer protection.

One exception was New York State, where the town of Utica recently used the power of eminent domain against Bryan Bowers and Mike Licata.

These business partners had established a cardiology service to compete with that of CNY Cardiology group, right next door. CNY begged the city to let it turn the Bowers Development building into a parking lot. We need a parking lot there, said CNY; right where our lower-​priced competitor is sitting.

The city said okay.

Enough, says Institute for Justice, which is representing Bowers Development and all of us by petitioning the U.S. Supreme Court to revisit Kelo.

IJ President Scott Bullock believes that it’s “high time for the Supreme Court itself to … remove this blot on its jurisprudence and restore constitutional guardrails to the use of eminent domain.”

Please resolve to give America a favorable outcome, justices.

This is Common Sense. I’m Paul Jacob.

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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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Fifth Amendment rights general freedom property rights

Government Greed Swept in Double-Header

takings, property rights, Supreme Court

Geraldine Tyler lived long enough to see the U.S. Supreme Court rule against those who robbed her. She is 94.

On May 25, 2023, the Court determined in a 9 – 0 ruling that Hennepin County, Minnesota, is not constitutionally entitled to pocket the entire sale-​price value of a condo in massive excess of the property taxes that Geraldine Tyler owed on the property when the government seized it for unpaid taxes.

Including penalties and interest, Tyler had owed about $15,000. But after selling the condo for $40,000, the county government seemed to think that $25,000 was a reasonable brokerage fee.

Pacific Legal Foundation, which represented Tyler in the case, argued that the county violated the Takings Clause of the Constitution by taking private property for public use “without just compensation.”

The Court agreed, saying that exploiting the debt “to confiscate more property than was due” effected “a ‘classic taking in which the government directly appropriates private property for its own use.’ ”

The ruling also rejects the county’s argument that Tyler somehow forfeited her constitutional rights by failing to pay her property taxes.

The same day, PLF also won another huge victory in the U.S. Supreme Court when the Court ruled that the EPA does not have limitless authority to block property owners from building on their own land if the agency chooses to designate a soggy part of the land a protected “wetland.”

Two for two. Not a bad batting average.

This is Common Sense. I’m Paul Jacob.

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