Private Property

The Institute for Justice Fights for the Freedom to Own Property

The Institute for Justice is dedicated to protecting the right of every American to own and use his or her  property freely. Respecting the right of private property is essential to a just and prosperous society. But government at all levels—local, state and federal—routinely infringe on these rights.

  • IJ has filed over 30 cases to defend private property rights, including the infamous U.S. Supreme Court decision of Kelo v. New London.
  • Thanks to our litigation and activism efforts, we have saved more than 16,000 properties from the abuse of eminent domain.
  • We published Policing for Profit, a 50-state study of civil forfeiture laws, releasing the second edition in late 2015. Through our cutting-edge litigation, communications and strategic research, we have transformed civil forfeiture into a national issue.
  • Through the end of 2015, IJ filed four new property rights lawsuits, including a class action against outrageous municipal fines in Pagedale, Missouri and challenged the government’s use of civil forfeiture in Kentucky, New Mexico and North Carolina. We also launched a petition effort to regain cash taken by the IRS.

Today, two of the greatest threats to private property rights are the abuse of eminent domain and civil forfeiture laws. Eminent domain is the power of the government to take private property for a “public use,” like bridges or roads. But in the 1990s and early 2000s, local governments increasingly used eminent domain for private development. In Kelo v. New London, the U.S. Supreme Court ruled that the government could condemn homes and businesses, not for a genuine public use but to hand them over to private developers. We are committed to defending property owners who face eminent domain for private gain.

Civil forfeiture allows law enforcement to seize and keep private property, even if the owner has never been charged with a crime. We are leading the charge to restore due process and respect for property rights. No one should lose his or her property without being convicted of a crime.

 

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