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Other Property Rights Abuses
IJ Finds and Counters New Threats to Property Rights
The right to own and use private property is a cornerstone of a free society. But rather than respect these rights, many local governments are continually crafting new ways to intrude into the homes and businesses of ordinary Americans. The Institute for Justice stands at the forefront to spot and counter these new threats to private property.
Rental Inspections
Under rental inspection programs found in many cities nationwide, government agents can rummage through a renter’s home without their consent or even any allegations that they’ve done something wrong. Unlike a proper warrant based on probable cause and individualized suspicion, rental inspectors can instead obtain an “administrative” warrant to perform their searches—a warrant in name only. In other words, thanks to rental inspection programs, it’s easier for the government to snoop on law-abiding citizens than the homes of suspected criminals.
Click here for more information about IJ’s Rental Inspections work.
Fines and Fees
Across the country, governments at every level are looking to pad their coffers by raising money on the backs of their citizens. In addition to traditional revenue streams, governments have devised a wide array of mechanisms designed to generate cash across every branch of government. Agencies at the federal and state level often impose ruinous fines against individuals and small business, while the courts routinely charge hefty fines and fees simply for appearing in court—especially if you lose. The goal of these financial penalties is typically to raise money for the entities imposing them to begin with.
The same issues arise at the local level. As one example, many local governments have turned to code violations as a way to raise revenue. Because local governments often keep the revenue from fines and fees, they have a strong incentive to keep issuing tickets based on even the most petty violations. Rather than protecting and serving the public, municipal governments are treating their residents as little more than ATMs.
Click here for more information about IJ’s Fines and Fees work.
Zoning and Affordable Housing
All Americans should have the right to live in peace and do what they please with their own property, provided that they do not infringe on the rights of others. Unfortunately, many zoning ordinances have become incredibly intrusive. Severe restrictions can block entrepreneurs from setting up home-based businesses or prohibit them from operating in approved locales without first having to comply with arbitrary parking and aesthetic requirements. Especially meddlesome zoning laws may even criminalize the most trivial acts—like growing vegetables in your front yard.
Zoning also plays a huge role in where we can (or cannot) build and live. By design, zoning uses arbitrary map lines to create exclusivity—making it acutely responsible for the current housing crisis. That is because many zoning regulations severely restrict what types of housing can be built and where, often at the behest of current property owners who view additional housing as a threat. But it is not the role of government to restrict the housing supply to inflate existing homeowners’ property values. Nor should government be making it harder to create and provide something that everyone needs—a place to live.
IJ is working to advance a rule of law under which people are free and able to create and offer places for others to live, recreate, and transact.
Click here for more information about IJ’s Zoning and Housing Affordability work.
Private Property Issues
Eminent Domain
Under the power of eminent domain, the government can take private property. IJ seeks to restore strict limits for when the government can use this power.
Ending Civil Forfeiture
Under civil forfeiture, people can permanently lose their property without a criminal conviction or even charges. This is one of the gravest abuses of power in the country today, and IJ aims to put a stop to it.
Other Property Rights Abuses
The right to own and use private property is a cornerstone of a free society. But rather than respect these rights, many local governments are…
Right to Shelter
Intrusive zoning laws are some of the biggest obstacles to creating affordable homes. Zoning regulates even the minutest detail of our lives and can be the difference…
SWAT Destruction
IJ Ensures Americans Receive Just Compensation When the Government Takes or Destroys Their Property
Zoning
The local use of zoning was first blessed by the U.S. Supreme Court in its controversial 1926 decision in Euclid v. Ambler Realty. And since that decision,…
Other Property Rights Abuses Cases
Other Property Rights Abuses | Private Property | Zoning Justice Project
Connecticut family takes legal action after town threatens to ban them from having hikers on property
Connecticut family takes legal action after town threatens to ban them from having hikers on property.
Economic Liberty | Occupational Licensing | Other Property Rights Abuses | Private Property
Pennsylvania real estate broker files lawsuit challenging law requiring brokers to have brick-and-mortar offices
Pennsylvania real estate broker Kevin Gaughen has filed a lawsuit alongside the Institute for Justice challenging a law requiring brokers in Pennsylvania to have brick-and-mortar offices.
Immunity and Accountability | Other Property Rights Abuses | Private Property
Courts Say City Owes Her Over $200,000; But Now She Has to Sue Again to Get Paid
Courts say Okay, Oklahoma owes Melisa Robinson for damaging her property. But the city won't pay. That violates her Fifth Amendment right to just compensation.
Economic Liberty | First Amendment | First Amendment Retaliation | Immunity and Accountability | Other Property Rights Abuses | Private Property
Virginia food truck owners file federal lawsuit after raging town councilmember damaged truck, town council repeatedly harassed them
Theslet Benoir and Clemene Bastien are a married couple that immigrated to the United States from Haiti in 2005. They received asylum, settled in Parksley, Virginia, and opened a brick-and-mortar store that caters to the needs of the Eastern Shore’s Haitian population. But the town repeatedly harassed them, so they teamed up with IJ to file a federal lawsuit.
Housing Abundance and Affordability | Other Property Rights Abuses | Private Property | Private Solutions to Public Problems | Zoning Justice Project
Lawsuit Challenges Seattle’s Mandatory Housing Affordability Law—A Law That Makes Building Housing Unaffordable
Seattle's Mandatory Housing Affordability law is making it unaffordable to build housing.
Other Property Rights Abuses News
Connecticut Couple Files Appeal with Zoning Board After Town Doubles Down in Hiking Dispute
ROXBURY, Conn.—Yesterday, Roxbury couple Charles and Eli Copley filed an appeal with the town’s zoning board of appeals after Roxbury officials recently…
New Study Lands as Supreme Court Weighs Whether Cities Must Pay for Property Destroyed by Police
ARLINGTON, Va.—A new report, “Public Benefit, Private Burden,” released today by the Institute for Justice (IJ), sheds light on an important question that the United States Supreme…
Connecticut Couple Demands Clarity After Town Threatens to Ban Them From Allowing Hikers on Their Property
ROXBURY, Conn.—Today, a Roxbury family demanded that the town stop using its zoning code to prevent them from opening their sprawling, rural property to hikers and dogwalkers. If the town…
Chicago Homeowner Sues Federal Government After Warrantless Raid by Immigration Agents
CHICAGO—Today, a Chicago homeowner filed a lawsuit against the federal government over a warrantless raid of his property by Customs and Border Protection (CBP) agents last October. The lawsuit, filed by Leo Feler and his attorneys from…
Pennsylvania Real Estate Broker Files Lawsuit Challenging Pennsylvania Law Requiring Brokers to Have Brick-and-Mortar Offices
HARRISBURG, Pa.—Today, a Lemoyne real estate broker filed a lawsuit challenging a law that requires all Pennsylvania real estate brokers to have a physical office in the commonwealth. Kevin Gaughen, represented by…
Court Dismisses Lawsuit Challenging Warrantless Trespassing by Alabama Game Wardens; Property Owners Will Appeal
FLORENCE, Ala.—On Thursday, the Circuit Court of Lauderdale County granted the state of Alabama’s motion to dismiss a constitutional lawsuit challenging a statute that permits game wardens to search private property without a warrant or consent.