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Institute for Justice updates

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Eminent Domain

Court Rules in Favor of Historically Black Community of Freeport, Texas, to Keep Their Land in Battle with Port and Eminent Domain

A Texas appellate court has rejected an attempt by the port of Freeport to use eminent domain to seize land from a group of property owners in Freeport’s historically black community. Driven by visions of expansion, the port has attempted to acquire and destroy most of the city’s historic East End neighborhood, but, as this decision says, it “never could identify a specific public use” and “admitted that it did not have any specific plans for what will be developed,” a requirement for any use of eminent domain. The court added, “The Constitution does not condone this take now, plan later approach.”

“This a victory for the Marshalls and every other family that stood to have their land taken simply because the port thought it could," said IJ Senior Attorney Jeffrey Redfern. “If the government can use eminent domain just based on the hope it comes up with a plan in the future, no one’s property is safe.

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Amy Stanford and Carolyn Wilson ([link removed] )

Property Rights

Small Businesses Will Appeal Ruling That St. Louis Suburb Can Take Their Locations

Small business and property owners challenging Brentwood, Missouri’s labeling of their properties as blighted will appeal a court ruling blessing the designations. The Manchester Corridor in Brentwood, Missouri, is home to many thriving family-owned businesses. Many of the businesses that line Manchester Road have been serving the community for decades. But the city is threatening to use its eminent domain power to force these well-loved businesses to close shop so a private developer can make way for new businesses, all in the name of economic development.

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Food Freedom

Maine Family Sues Under State’s Innovative Right to Food Amendment to Keep Backyard Chickens

Maine is the first state in the country to recognize a “right to food.” Article I, section 25 of the Maine Constitution guarantees Mainers the right to “grow, raise, harvest, produce and consume the food of their own choosing for their own nourishment, sustenance, bodily health and well-being.” Kamiwan Oliver and her family raise chickens for their eggs and meat to lessen the burden of grocery bills on their tight family budget. After their town passed an ordinance making it impossible for the Olivers to raise enough chickens to meet the family's needs, they sued using the right to food amendment.

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WATCH: City wants to BULLDOZE mom’s property. She’s fighting back. ([link removed] )

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IJ Podcasts

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Beyond The Brief: Plane Seized Over Six-Pack of Budweiser

Can the government take a $95,000 plane because a passenger used it to transport a six pack of Budweiser? The Alaska Supreme Court says yes, but the U.S. Constitution says no.

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Short Circuit: Won’t You Take Me To YIMBYTown?

We travel to YIMBYTown, the Yes-In-My-Back-Yard conference, held this year in New Haven, Connecticut. Our guests discuss recent cases and controversies related to efforts to build more homes and also do the opposite.

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Short Circuit: Speech Over Licensing

It’s a free speech episode with two rulings for the First Amendment, including IJ's victory for a “death doula" told to become a funeral director.

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