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Private Property Rights
“The abuse of eminent domain has become a national plague, and the Institute for Justice is fighting to end it.”
—The Boston Globe
For half a century, unrestrained local and state governments have taken private property not for "public uses"—such as for bridges or public buildings—as permitted by the Constitution, but for private businesses in the name of "economic development." Private homes and businesses have been bulldozed, replaced by newer businesses and homes owned not by the public, but by private, politically powerful individuals and corporations.
The Institute for Justice began its fight against eminent domain abuse by successfully defending Vera Coking, an elderly widow from Atlantic City, against the condemnation of her home by a state agency that sought to take her property and transfer it (at a bargain-basement price) to another private individual: Donald Trump. Trump wanted the property for a limousine parking lot for his customers—hardly a public use.
Until IJ began fighting eminent domain abuse, the presumption was that people like Vera would lose. But thanks to our path-breaking work in the court of law and the court of public opinion, Vera won. The Institute set an important precedent that it continues to build on to this day, preserving property rights nationwide.
The Institute’s cutting-edge property rights litigation also extends to challenging the abuse of civil forfeiture laws and warrantless searches of homes and businesses. We also team up with Professor Richard Epstein of the University of Chicago Law School to weigh in on landmark property rights cases before the U.S. Supreme Court.
Current Private Property Cases
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Nashville , Tenn., Eminent Domain Abuse–Eminent Domain Abuse in Nashville, Tenn.
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National City Calif., Eminent Domain Abuse–Victimizing the Vulnerable: Eminent Domain Abuse in National City, Calif.
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Red Wing Rental Inspections–Stewart v. City of Red Wing
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Eminent Domain Abuse in Long Branch, NJ.–City of Long Branch v. Gregory P. Brower
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Port Chester, N.Y., Eminent Domain Abuse–Brody v. Village of Port Chester
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Completed Private Property Cases
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Norwood, Ohio, Eminent Domain Abuse–City of Norwood v. Horney
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Eminent Domain Abuse in New London, Conn.–Kelo v. New London
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Port Chester, N.Y. Eminent Domain Abuse–Didden v. Port Chester
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Riviera Beach, Florida Eminent Domain Abuse–Wells v. City of Riviera Beach
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Strobel Family Investments Eminent Domain Case–Burien v. Strobel Family Investments
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Georgia Home Inspections–Brumberg v. City of Marietta
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New Hampshire’s Home Inspections–Smith v. Ayotte
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Tempe, Ariz., Condemnation Threat –City of Tempe v. McGregor
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Mesa, Ariz., Eminent Domain Abuse–City of Mesa v. Bailey
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Atlantic City, N.J. Eminent Domain Abuse–Casino Reinvestment Development Authority v. Coking
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New Jersey Civil Forfeiture Abuse–State of New Jersey v. One 1990 Ford Thunderbird
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Scottsdale, Ariz., Condemnation Threat
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Yuma, Ariz., Warrantless Searches–Stanphill v. City of Yuma
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Minnesota Property Regulations–Bronczyk v. State of Minnesota
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Canton, Miss., Eminent Domain Abuse–Mississippi Major Economic Impact Authority v. Archie
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Park Forest, Ill., Rental Inspections–Black v. Village of Park Forest
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Pittsburgh Eminent Domain Abuse
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Downtown Pittsburgh Eminent Domain Threat
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Lakewood, Ohio, Eminent Domain–Saleet v. City of Lakewood
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Utah Civil Asset Forfeiture Abuse
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Amicus Briefs–"Friend of the Court" Briefs filed by IJ
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Michigan Eminent Domain Abuse (Poletown)–County of Wayne v. Hathcock
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Monterey Case Gives Supreme Court Opportunity To Strengthen Property Rights Protection–City of Monterey v. Del Monte Dunes Amicus
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Illinois Eminent Domain Abuse–Southwestern Illinois Development Authority v. National City Environmental Amicus
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Tahoe Regulatory Takings–Tahoe Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
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Minnesota Homeowners & Small Businesses Battle Eminent Domain Abuse
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The Castle Coalition website: www.CastleCoalition.org
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