Cases
Private Property Rights
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
- Massachusetts Civil Forfeiture-United States v. 434 Main Street, Tewksbury, Mass.
- MN Rental Caps-Dean v. City of Winona
- National City, Calif.-Victimizing the Vulnerable: Eminent Domain Abuse in National City, Calif.
- Red Wing Rental Inspections-Robert McCaughtry, et al. v. City of Red Wing
- Texas Civil Forfeiture-State of Texas v. One 2004 Chevrolet Silverado
- Completed Private Property Cases
- St. Paul Minn. Property Rights-Saint Paul Port Authority v. Advance Shoring Company
- Anoka County, Minnesota-Bronczyk v. State of Minnesota
- Atlantic City, NJ Condemnation-Casino Reinvestment Development Authority v. Coking
- Didden-Didden v. Port Chester
- Georgia Asset Forfeiture-Van Meter v. Turner
- Georgia Rental Inspections-Brumberg v. City of Marietta
- Lakewood, OH, Eminent Domain-Saleet v. City of Lakewood
- Long Branch, NJ Eminent Domain-City of Long Branch v. Gregory P. Brower
- Mesa, Arizona Eminent Domain Abuse-City of Mesa v. Bailey
- Mississippi, Bouldin and Archie Families-Mississippi Major Economic Impact Authority v. Lonzo Archie MMEIA v. Andrew Archie, Jr.
- Nashville, Tenn. Eminent Domain-Metropolitan Development and Housing Agency v. Joy Ford
- New Hampshire Home Inspections-Smith v. Ayotte
- New Jersey Civil Forfeiture-State of New Jersey v. One 1990 Ford Thunderbird
- New London, Connecticut-Kelo v. New London
- New York Eminent Domain-Brody v. Village of Port Chester
- Norwood, OH Eminent Domain-City of Norwood v. Horney
- Park Forest, IL-Black v. Village of Park Forest
- Pittsburgh Fifth & Forbes Condemnation-Pittsburgh Fifth and Forbes IJ Beats Back Eminent Domain Abuse in Pittsburgh
- Pittsburgh Wool-Pittsburgh Wool IJ Saves Pittsburgh Wool Company from Government Taking
- Riviera Beach, Florida Eminent Domain-Wells v. City of Riviera Beach
- Strobel Family Investments Eminent Domain Case-Burien v. Strobel Family Investments
- Tempe, Arizona-City of Tempe v. McGregor
- Utah Asset Forfeiture-Citizens Demand Prosecutors Follow State's Civil Forfeiture Law
- Yuma, Arizona-Stanphill v. City of Yuma
- Amicus Briefs - "Friend of the Court" Briefs filed by IJ
- Alvarez v. Smith-Alvarez v. Smith Amicus
- Brooklyn, N.Y., Eminent Domain Abuse-Goldstein v. New York State Urban Development Corporation
- County of Wayne v. Hathcock-Michigan Supreme Court Halts Eminent Domain For "Economic Development": Court States Poletown Was "Erroneous" (IJ amicus)
- Eagan, Minn. Eminent Domain-Eagan Economic Development Authority v. U-Haul Company of Minnesota, et al.
- Lake Tahoe (IJ Amicus)-Tahoe Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
- Milwaukee VFW (Amicus)-City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Authority of the City of Milwaukee
- Mississippi Eminent Domain Abuse (Amicus)-Speed v. Hosemann, et. al
- Monterey (IJ Amicus)-City of Monterey v. Del Monte Dunes
- Priest Lake, Idaho Property Rights Amicus-Sackett v. EPA
- Tuck-It-Away-Tuck-It-Away, Inc. v. NY State Urban Development Corp.
