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crime and punishment property rights

It’s a Crime

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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folly nannyism property rights

Vandalized, Scandalized

Store owners have another reason to get the heck out of that derelict-​enabling and increasingly unlivable town, San Francisco. The city fines businesses for the crime of being vandalized by graffiti artists.

This form of harassing property owners is nothing new, but the city had temporarily reduced enforcement during the pandemic.

The policy is unjust in at least two ways.

First, there should be no fines for being hit by graffiti-​vandals. It’s the vandals who should be punished, not the victims. Moreover, as Reason magazine points out, “Unlike accumulated trash, noise, or other standard nuisances, graffiti isn’t inherently offensive.”

Rather, it is the city that is being offensive by treating an owner’s property as if it were its own and penalizing owners if their property lacks the appearance that the city ordains.

Second, even granting the legitimacy of requiring property owners to clean up the graffiti, the policy as imposed is abusive. Businesses are being fined repeatedly for graffiti that they don’t magically remove at lightning speed and that the vandals, undiscouraged, simply slap back on anyway.

“I can’t even count,” Michael McNamara, manager of the restaurant Above Ground (now closed), told the San Francisco Chronicle last year. “The paint dries and you deal with another one.” The city had dunned Above Ground with at least three $300 bills for the graffiti.

Rewarding destructive behavior while punishing those whose way of work and life makes civilization possible is no way to run a city — but it is a way of running the good people out of town.

This is Common Sense. I’m Paul Jacob.


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Common Sense general freedom

A Fitter Course

The times may not seem to indicate jubilations and thanksgivings, but any time is a good time to practice gratitude — to those who deserve it, and on a more basic level, too — so, regardless of the pandemic, the misguided responses, social unrest, racial mistrust, the threat of totalitarianism and war, remember: things could be worse.

At Thanksgiving, especially, it might do us good to consult William Bradford’s account* of the History of “Plimoth Plantation,” a document that recounts how his fellow Pilgrim settlers established, endured, barely survived, recovered, and eventually thrived in Massachusetts.

By the spring of 1623 — a little over three years after first settlement in Plymouth — things were going badly. Bradford writes of the tragic situation:

[M]any sould away their cloathes and bed coverings; others (so base were they) became servants to [the] Indeans, and would cutt them woode & fetch them water, for a cap full of corne; others fell to plaine stealing, both night & day, from [the] Indeans, of which they greevosly complained. In [the] end, they came to that misery, that some starved & dyed with could & hunger.

The problem? The colony had been engaging in something very like communism.

The experience that was had in this comone course and condition, tried sundrie years, and that amongst godly and sober men, may well evince the vanitie of that conceite of Platos & other ancients, applauded by some of later times; — that [the] taking away of propertie, and bringing in comunitie into a comone wealth, would make them happy and florishing; as if they were wiser then God.

Bradford relates the consequences of common property:

For this comunitie (so farr as it was) was found to breed much confusion & discontent, and retard much imploymet that would have been to their benefite and comforte. For [the] yong-​men that were most able and fitte for labour & service did repine that they should spend their time & streingth to worke for other mens wives and children, with out any recompence. The strong, or man of parts, had no more in devission of victails & cloaths, then he that was weake and not able to doe a quarter [the] other could; this was thought injuestice. The aged and graver men to be ranked and equalised in labours, and victails, cloaths, &c., with [the] meaner & yonger sorte, thought it some indignite & disrespect unto them. And for mens wives to be commanded to doe servise for other men, as dresing their meate, washing their cloaths, &c., they deemd it a kind of slaverie, neither could many husbands well brooke it.

Yes, the s‑word: Slavery. Common property was mutual slavery.

The solution? The plan for society that Bradford attributed to God. He brooked no pleading that common property didn’t work because of corruption, sin. As he put it, “seeing all men have this corruption in them, God in his wisdome saw another course fiter for them.” The course? I’ll use a word of coined by Robert Poole, one of the founders of Reason magazine: Privatization.

Basically, what the Pilgrims privatized was land, and the fruits thereof, assigning to

every family a parcell of land, according to the proportion of their number for that end, only for present use (but made no devission for inheritance), and ranged all boys & youth under some familie. This had very good success; for it made all hands very industrious, so as much more corne was planted then other waise would have bene by any means [the] Govror any other could use, and saved him a great deall of trouble, and gave farr better contente. The women now wente willingly into [the] feild, and tooke their litle-​ons with them to set corne, which before would aledg weaknes, and inabilitie; whom to have compelled would have bene thought great tiranie and oppression.

Thus began the years of bounty in Massachusetts. There’s much more in Bradford’s account worth reading, including the increasingly tragic relations with the native Americans. And, indeed, one learns from reading such first-​hand accounts how imperfect a creature is man.

But it is obvious that some systems of property and governance work better than others, and, on the day that our government has set forth as a day of Thanksgiving, it is worth being thankful for living in a land that has upheld — to at least some degree — the system of private property that America’s Pilgrim’s learned to see as God’s “fitter course” for corruptible man.

This is Common Sense. I’m Paul Jacob.


* This episode of Common Sense is adapted from this site’s 2011 Thanksgiving message

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judiciary property rights

Landlords Defended, Sorta

In late June, the Supreme Court declined to end an unlawful CDC-​enacted national moratorium on evictions.

Things have apparently changed. The court just ruled — in a 6 – 3 decision — that the “balance of equities” has tilted in favor of qualified deference to property rights and letting landlords try to financially survive.

Now it will be easier, or possible, for many beleaguered property owners to maintain properties — on which they depend for their livelihoods and tenants depend for things like heat as well as their residencies.

The three dissenters on the high court say that the “balance of equities” still tilts the other way, in favor of violating the property rights of landlords to help tenants unable or unwilling to pay the rent.

The court’s decision does not mention property rights. It does cite a 1972 precedent that cites other precedents “[requiring] Congress to enact exceedingly clear language if it wishes to significantly alter the balance between federal and state power and the power of the Government over private property.”

Of course, the U.S. Constitution gives Congress no authority to violate individual rights at will — even if it uses exceedingly clear language to do so. The Constitution does not say it’s OK to violate the Constitution.

What now? 

Many landlords are still subject to state or municipal restrictions on evictions that this decision does not overturn. But the ruling may help them press for relief.

And we must hope that the U.S. Congress doesn’t get around to intelligibly re-​revoking the rights of property owners.

This is Common Sense. I’m Paul Jacob.


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Fifth Amendment rights national politics & policies subsidy

The Moratorium on Survival

If only Lincoln Eccles were a property owner in Franklin County, Ohio, instead of Kings County, New York. He’d have more of a chance.

Franklin County is defying the latest national moratorium on evictions. Early in August, caving to pressure from socialist Democrats, President Biden directed the CDC to outlaw the evicting of tenants for another 60 days.

A Franklin County court has announced that the county will not obey the ukase. The county cites a recent court of appeals ruling that disputes the authority of the CDC to impose the nationwide moratorium.

In June, the Supreme Court had narrowly refused to lift a previous moratorium in evictions, even though at least one justice in the majority acknowledged that the CDC had exceeded its authority. Justice Brett Kavanaugh’s exact words: “Yes, this is unconstitutional, but . . . well, okay.” (Fine, not his exact words.)

Property owners have bills too. (Not to mention rights.) The less money they get from a property, the less money they have to maintain it, let alone earn profit.

Lincoln Eccles owns a 14-​unit building in Crown Heights. Several tenants owe him rent. One owes $40,000. Which has put Eccles behind on utility bills and property taxes. The boiler must be fixed before winter. 

But Kings County is not defying the CDC.

“At this point they’re just abusing us,” Eccles says. “And it’s some version of slavery to me, forcing people to work and produce a product for free, and there’s no compensation.”

Were one to consult the Constitution, one might find a prohibition about public taking of private property “without just compensation,” but governments throughout the union haven’t been consulting that relevant document much lately.

This is Common Sense. I’m Paul Jacob.


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folly free trade & free markets local leaders moral hazard nannyism property rights responsibility too much government

Housing Horror

Housing in Oregon’s north-​central urban region is becoming more and more like San Francisco’s — out of the budgetary reach of huge swaths of average workers. 

“The median rental household can’t comfortably afford a two-​bedroom apartment in 28 of Oregon’s 36 counties,” Elliot Njus writes for The Oregonian. But it is worst in Portland and the three counties in the region: Multnomah, Washington, Clackamas. 

The findings come from a group called the National Low Income Housing Coalition. Njus quotes Alison McIntosh, of another group, the Neighborhood Partnerships, who not unreasonably concludes that “folks are really struggling to make ends meet.”

Well, yeah. This was predicted, long ago.

The state of Oregon began a comprehensive land-​use planning system, decades ago, to prevent urban sprawl. At about the same time the Portland-region’s three major counties began a concentrated effort to … concentrate populations within the area. Confine them. Regulate them. Economists and other critics* from the very beginning predicted rising housing costs. And other problems.

Now, of course, the usual groups react in precisely the wrong ways: rent control. The State House in Salem recently passed legislation to uncork rent control. Thankfully for renters, the Senate nixed the idea. 

But we can be sure this proven housing killer (a disaster where tried) will resurface. Common sense (as well as reams of economic research) tells folks how bad an idea this would be, exacerbating the problem it aims to solve.

Alas, some folks look at government more as magic than as just another flawed, human institution.

This is Common Sense. I’m Paul Jacob.

 

* One set of critics can be found at the Cascade Policy Institute, which describes Oregon’s land-​use regulatory system as “the nation’s most restrictive” — adding that “every square inch of Oregon has been zoned by government planners, with the result that development of any type is prohibited on most private land.”


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