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.
Municipal Fines and Fees
Many cash-strapped local governments are turning to code violations as way to raise revenue. Often, many local governments can keep the revenue from fines and fees, which gives them a strong incentive to keep issuing tickets based on even the most petty violation. Rather than protecting and serving the public, municipal governments are treating their residents as little more than ATMs.
Zoning
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 and capricious. Severe restrictions and even outright bans block entrepreneurs from setting up home-based businesses, homeowners who wish to rent out their property, and even gardeners who want to grow vegetables in their front yard.
Other Property Rights Abuses Cases
Landowners sue to stop warrantless searches
For years, wildlife officers in Pennsylvania have been ignoring the privacy rights of hunters under the so-called “open fields doctrine,” which posits that private land doesn’t receive privacy protections. This IJ suit challenges the constitutionality of this doctrine, and seeks to protect the Fourth Amendment rights of all Pennsylvanians.
Latest Other Property Rights Abuses News
Other Property Rights Abuses Research
Other Property Rights Abuses | Private Property
A Case Study of Municipal Taxation by Citation
This study examines taxation by citation—local governments using code enforcement and the justice system to raise revenue rather than solely to advance public health and safety. It does so through a detailed case study of…
Other Property Rights Abuses | Private Property
The Price of Taxation by Citation
Taxation by citation is when local governments use their power to enforce traffic and other ordinances to raise revenue rather than solely to protect the public. This report explores the phenomenon via case studies of…