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
San Jose residents file federal lawsuit challenging city's use of nearly 500 license plate reader cameras
San Jose residents file federal class action lawsuit challenging city's use of nearly 500 license plate read cameras.
Latest Private Property Events
Private Property
Zoning Justice Project
Making Room: Re-Legalizing America’s Most Affordable Housing Option
Join the Institute for Justice for a webinar exploring how relegalizing co-living or single-room occupancies (SROs) can expand affordable housing, strengthen property rights, and reduce homelessness – without new spending or bureaucracy. Featuring policy experts…
Zoning Justice Project
Breaking Barriers: Zoning Reform as a Solution to America’s Housing Crisis
Join the Institute for Justice and special guests for an in-depth look at zoning reform as a practical, market-driven solution to America’s housing crisis. This webinar will explain how restrictive zoning laws fuel the housing…
Private Property Legislation
Economic Liberty | Private Property | Zoning Justice Project
Restoring Options in Occupancy Models (ROOM) Act
Co-living or single-room occupancy (SRO) housing was once a common and lawful part of America’s housing landscape, from spare bedrooms and small boarding houses to large residential hotels in the city. Together, these rooms provided…
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.
Private Property Research
Civil Forfeiture | Private Property
Policing for Profit 4
This fourth edition of IJ’s Policing for Profit report finds civil forfeiture is a massive unjustified threat to property and due process rights.
Civil Forfeiture | Private Property
Bad Data
Every year, Indiana prosecutors produce reports for lawmakers detailing forfeiture activity in the state, but Bad Data shows these reports should be taken with a multimillion-dollar grain of salt.