Property Rights

Can Progressive Planners Appeal to Conservative Principles?
Trump’s approach to policies like NYC’s congestion pricing isn’t just irrational and wasteful — it defies the tenets of conservatism. But there are ways to reframe the issues.

Vermont Land Use Case Could Go to Supreme Court
Property owners argue that a new law protecting wildlife corridors amounts to an unconstitutional taking of property.

U.S. Supreme Court: California's Impact Fees May Violate Takings Clause
A California property owner took El Dorado County to state court after paying a traffic impact fee he felt was exorbitant. He lost in trial court, appellate court, and the California Supreme Court denied review. Then the U.S. Supreme Court acted.

What Is an Easement?
There are limits to the rights and powers associated with land ownership. Easements are a critical example of how property rights can be balanced with the needs of neighbors, the public, and other interests external to the control of property owners.

Montana Passes Sweeping Legislative Package to Rescind ‘California-Style-Zoning’
The Montana State Legislature recently approved a package of zoning reform bills modeled closely on bills approved in West Coast states, including the state of California, in recent years.

San Diego Ponders How to Declare ‘Housing as a Human Right’
Landlords in the city believe housing rights shouldn’t supersede property rights.

Denver Makes it Easier for Landowners to Oppose Landmark Designation
The balance of power in the historic preservation process shifted slightly toward the preferences of property owners in Denver.

Eminent Domain Questions Still Dog Texas Central High Speed Rail Plans
The Texas Attorney General took a break from its crusade against unsubstantiated claims of voter fraud to weigh in on a controversial question of property rights.

Denver Looks to Landmark Designation Changes
In the aftermath of a battle around preservation of a Denver diner, local officials are considering changes to the city’s historic landmark law.

A New Kind of Planning Controversy: the Emoji House
A complaint about an illegal Airbnb, a very visual response, and a headache for city officials in the city of Manhattan Beach, California.

The 'Decolonial Planning' Project
A potentially radical point of view that must be considered by planners: moving the field forward will require soul searching that confronts an overcomes the disposition and exploitation that defined the past and continues to influence the future.

Property Rights Battle Expected Along Trump's Border Wall
Property acquisition in Texas won't come easy.

Oil and Gas Drilling Issues Loom Large in Colorado on Election Day
Unlike prior initiatives that sought drilling bans, Prop. 112 would greatly increase setbacks from buildings to such an extent that it could doom much of the industry. A competing initiative would make the change a "taking" and require compensation.

Graffiti Wins Protected Legal Status in New York
A landmark judgement potentially paves the way for graffiti to be protected under the Visual Artists Rights Act.

The Law Favors Gas Stations Over Redevelopment in Washington, D.C.
A lawsuit challenges a law in Washington, D.C. that prevents the conversion of full-service gas stations into any other kind of commercial or residential land use.

Texan Offers Very Texan Plan for the Coast of Texas
In a new book, lawyer Jim Blackburn suggests that engaging private landowners is the only way to manage the coast of his home state.

How Overly Restrictive Land Use Regulations Hurt the Nation's Economy
Two economics professors from the University of Chicago and the University of California, Berkeley argue that the housing crisis doesn't just affect booming coastal cities. It's a national problem.

Texas Bill Would Immunize Property Rights From Zoning Code Changes
The Texas Legislature and executive branch is continuing to wage a battle against local control, this time pursuing a land use law that would undermine zoning code changes, such as the current CodeNEXT process in Austin.

Supreme Court to Decide on Interpretations of Historic Preservation
A brief by the Cato Institute describes historic preservation laws as arbitrary and ambiguous. A case before the Supreme Court could decide on either side of the issue.
Eminent Domain Debated in Denver Suburb
A fight over eminent domain has erupted in the Denver suburb of Glendale. At stake are long-time local businesses and a potential $175 million redevelopment project along the Cherry Creek.
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