The Institute for Justice is dedicated to protecting the right of every American to own and use his or her property freely. Respecting the right of private property is essential to a just and prosperous society. But government at all levels—local, state and federal—routinely infringe on these rights.
- IJ has filed over 50 cases to defend private property rights, including the infamous U.S. Supreme Court decision of Kelo v. New London.
- Thanks to our litigation and activism efforts, we have saved more than 16,000 properties from the abuse of eminent domain.
- We published Policing for Profit, a 50-state study of civil forfeiture laws, releasing the second edition in late 2015. Through our cutting-edge litigation, communications and strategic research, we have transformed civil forfeiture into a national issue.
- Since January 2016, we have filed 23 new property rights lawsuits, including a class action against New York City’s “no-fault” evictions and challenges to civil forfeiture in California, Oklahoma, Arizona, Indiana, New Mexico and Connecticut. In addition, we launched new cases against government land grabs in Connecticut and Georgia, challenged Dallas’ oppressive use of “amortization” against a popular auto mechanic, filed a lawsuit against rental inspections in Minnesota and sued a major Ohio city to allow a charity continue to shelter homeless people.
Today, two of the greatest threats to private property rights are the abuse of eminent domain and civil forfeiture laws. Eminent domain is the power of the government to take private property for a “public use,” like bridges or roads. But in the 1990s and early 2000s, local governments increasingly used eminent domain for private development. In Kelo v. New London, the U.S. Supreme Court ruled that the government could condemn homes and businesses, not for a genuine public use but to hand them over to private developers. We are committed to defending property owners who face eminent domain for private gain.
Civil forfeiture allows law enforcement to seize and keep private property, even if the owner has never been charged with a crime. We are leading the charge to restore due process and respect for property rights. No one should lose his or her property without being convicted of a crime.
Private Property Cases
Federal lawsuit challenges city's prolonged, warrantless surveillance of entire driving public
Norfolk, Virginia has installed more than 170 cameras across the city that watch drivers' every movement. Now, two Norfolk-area residents have teamed up with the Institute for Justice to file a federal lawsuit challenging the program.
Private Property Legislation
Civil Forfeiture | Private Property
Criminal Forfeiture Process Act
Civil forfeiture is a serious assault by government on cars, cash and other property. To lose your property in most states, prosecutors do not have to charge you, let alone convict you of a crime.
Economic Liberty | Private Property | Zoning Justice Project
Housing Opportunities Made Easier (HOME) Act
The housing shortage is problem that can be significantly solved with one change. Scholars, state legislators and municipal officials from different backgrounds agree that a crucial component to increasing supply is to reform zoning laws.
Private Property Research
Civil Forfeiture | Private Property
Does Civil Forfeiture Fight Crime? Evidence From New Mexico
Abstract: This study examined civil forfeiture’s impact on crime rates. Proponents of civil forfeiture, which allows law enforcement to take and permanently keep property without a criminal conviction, claim it is an essential crime-fighting tool,…
Code Enforcement | Fines and Fees | Private Property
Are Municipal Fines and Fees Tools of Stategraft?
Most, if not all, incorporated communities in the United States have municipal and traffic codes that delineate the powers and duties of local governments or provide rules and regulations for public activity in the community.