Category: Takings

Month in Review, July 2015: Part 2, Over the future event horizon

17 August, 2015 (10:00) | AIG, Bankruptcy, Boston Redevelopment Authority, En viager, Homeownership, Housing, Land leases, Month in review, Policy, Reform, Reversionaries, Speculation, Takings, US News | No comments

 [Continued from yesterday’s Part 1.] By: David A. Smith As we saw in yesterday’s Part 1, long lazy summary days give rise to long discursive summer blog posts, for what is a blog if not a journey of personal exploration?  “We shall not cease from exploration, and the end of all our exploring will be […]

Month in Review, July 2015: Part 1, In wisdom’s rear-view mirror

14 August, 2015 (10:00) | AIG, Bankruptcy, Boston Redevelopment Authority, En viager, Homeownership, Housing, Land leases, Month in review, Policy, Reform, Reversionaries, Speculation, Takings, Tenure, US News | No comments

By: David A. Smith For a month which traditionally begins summer’s biorhythmic slowdown, a lot went on in July, starting with finishing up a summer’s-starting post that dealt with an archetypal problem of common law and common land, access to and use of public beaches, We will fight them on the beaches: Part 3, The […]

The antidote to majoritarianism: Part 2, There are outer limits

12 February, 2015 (09:00) | Apartments, Constitution, Fifth Amendment, Housing, Law, Local issues, Markets, Rent control, Rental, San Francisco, Takings, US News |

[Continued from yesterday’s Part 1.] By: David A. Smith As we saw in yesterday’s Part 1, essential to democracy is the protection of minority rights against the majoritarian impulse to rewrite the rules by increments, and as property rights are human rights, they must be protected by an entity or branch of government that stands […]

The antidote to majoritarianism: Part 1, On its face fails both tests

11 February, 2015 (10:00) | Apartments, Constitution, Fifth Amendment, Housing, Law, Local issues, Markets, Rent control, Rental, San Francisco, Takings, US News |

By: David A. Smith In case of emergency, think for yourself Once a society has decided that a particular group of people is morally guilty against the public interest, it can and often will embark on a series of exactions, each of which it justifies as necessary to ‘level the playing field,’ ‘correct historical inequity,’ […]

Groundhog Day at the Rent Guidelines Board: Part 8, “How the duck did this happen?”

24 July, 2014 (09:22) | Affordability, Apartments, de Blasio, Democracy, Housing, Markets, Mobs, New York City, Politics, Rent control, Rent Guidelines Board, Rent stabilization, Rental, Takings |

[Continued from yesterday’s Part 7 and the preceding Part 1, Part 2, Part 3, Part 4, Part 5, and Part 6.] By:David A. Smith Phil: Do you know what today is? Rita: No, what? Phil: Today is tomorrow. It happened. – Groundhog Day Candidate Bill de Blasio, as we saw in yesterday’s Part 7, had […]