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Fifth Amendment rights property rights

Blight Fight

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

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

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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Accountability crime and punishment Fashion property rights Second Amendment rights

Don’t Make It Easy

Rachel Rogers and Jennifer Ferguson, employees at a Lululemon in Georgia, were fired for neglecting to stand by mutely during a robbery and for then calling 911.

“They’re just full-​blown, like, running circles around you grabbing as much as they can,” Rogers told WSBTV. “So, our reaction is to scream, ‘No! Get out! Leave!’ ”

The two employees called the police. The same thieves were caught when trying to rob another Lululemon store in the area the next day, perhaps because police were on the alert.

But two weeks later, Rogers and Ferguson were fired, without severance pay, for violating the retail chain’s policy of zero tolerance for calling 911 to report a robbery.

“We are not supposed to get in the way. You kind of clear path for whatever they’re going to do,” Ferguson said. “We’ve been told not to put it in any notes, because that might scare other people. We’re not supposed to call the police, not really supposed to talk about it.”

In a post blasting the company, Jennifer’s husband, Jason Ferguson, observed: “If we, citizens of the community, allow criminal activity to go unchecked, that is tacit approval for them to continue their ways.”

And how long can we hold onto our belongings and our civilization if we meekly usher in the Visigoths and Vandals and tell them go ahead, take whatever you want, we won’t try to stop you or even call the cops after it’s all over?

A lot of people, including higher-​ups at Lululemon, have forgotten that property rights are at the foundation of civilization.

This is Common Sense. I’m Paul Jacob.


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folly Fourth Amendment rights property rights

Can They Do That?

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

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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