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July 3, 2008

How about some Madison with your hot dog on July 4th?

James Madison was a principal author of the United States Constitution. He was also a great proponent of property rights. Thus, it is particularly sad and ironic that property rights seem to have received short shrift for reasons of political expendiency. Indeed, this was a fear of Madison. I thought the Fourth of July was a good time to remind people of Madison’s wisdom on property rights and the role of government:

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January 30, 2008

Eminent Domain Reform Does Not Mean Economic Doomsday

Will there be an economic "doomsday" if governments cannot condemn property without the requirement of an actual public purpose for the condemned land? Seems like a ludicrous proposition, but it has been the primary argument against eminent domain reform. Well, the Institute For Justice prepared a study which showed eminent domain causes no economic ill effects. I am preparing a related study that demonstrates the sun will indeed rise and set without an official government decree.

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May 31, 2006

Update: Greenlight II Initative Signatures Submitted

The Orange County Register reported on May 31, 2006, that the backers of anti-development initiative Greenlight II turned in more than 9,100 signatures, of which 6,056 must be valid to secure a spot on the November ballot. This is bad news for property rights in Newport Beach, California. As I previously reported, this new initiative will put strenuous limitations on commercial and residential developments, requiring a successful election for anything other than the smallest of projects, including projects consistent with the existing general plan. A property owner's right to develop property consistent with existing zoning should not be subject to a city-wide election. Fight this initiative!

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April 26, 2006

Brea Creates Open Space By Down-Zoning Private Property

"There is no such thing as a free lunch" is a well-worn clich�. The political leaders of Brea apparently don't agree. Brea's City Council wants to enhance and preserve the city's open space. In the abstract, that is a laudable goal. The problem is that much of the existing open space is in the hands of private property owners who would like to develop their property. Of course, if the community values open space, it can acquire property for open space. In that way, the community as a whole would bear the burden of preserving open space. The problem is that the community is not willing to pay for it. Well, more accurately, the City Council has decided, why even ask the community to pay when it can impose the burden on a few unlucky property owners?

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March 29, 2006

Faith Doesn't Generate Enough Taxes

John Eastman, of the Center for Constitutional Jurisprudence, is representing a Long Beach church--the Filipino Baptist Fellowship--for "public use." There is no claim of any "blight," which has typically been the finding supporting condemnation for reuse for private purposes in California. Rather, the City apparently has other plans for the site that it believes will produce more economic benefit.

Newport Beach Threatens a "Red Light" to Property Rights with Greenlight II

Property Rights At Risk From Politics

The drafters of the Constitution of the United States adopted the Fifth Amendment protections against taking property without compensation out of a deep concern that popular political sentiments threatened the rights of individual property owners. The Greenlight Initiative in Newport Beach, California is a realization of that very concern.