Future Retirement Success
  • Politics
  • Business
  • Investing
  • Stocks
  • Politics
  • Business
  • Investing
  • Stocks

Future Retirement Success

Investing

The Right to Control Your Property Is Fundamental

by April 11, 2025
April 11, 2025
The Right to Control Your Property Is Fundamental

Thomas A. Berry and Mike Fox

Property owners in New Braunfels, Texas, have long exercised the fundamental rights to acquire and make use of their property, including the right to make their homes available for rent on a short-term basis. That all changed in 2011 when the city adopted an ordinance banning short-term rentals from all residential areas. The city’s purported justifications were to preserve the “residential character” of neighborhoods and abate nuisances, despite numerous studies showing that short-term rentals don’t produce more nuisances than other property uses. 

In 2020, a coalition of short-term rental owners filed suit alleging that the ordinance violates the US and Texas Constitutions. The city then moved to dismiss—before any evidence being considered—arguing that the district court must accept its bare assertion that short-term rentals cause an unacceptable risk of nuisances. After the district court agreed to dismiss the case, the owners appealed to the Fifth Circuit. Cato filed an amicus brief during that original appeal in 2022, arguing that the district court should have allowed evidence and reviewed it carefully. The Fifth Circuit agreed, sending the case back to the district court. However, after all evidence was admitted, the district court again ruled in favor of the city—readopting the same logic it had relied upon in its first dismissal and failing to meaningfully engage with the record evidence. 

The case is now heading back to the Fifth Circuit a second time, and Cato has once again filed an amicus brief supporting the property owners. In our brief, we explain that property, freedom, and economic liberty are fundamental constitutional rights, deeply rooted in our nation’s history and traditions. Despite this, restrictions on those rights have not been meaningfully scrutinized by modern federal courts. Challenges to such restrictions are subject instead only to highly deferential “rational basis” review. Under this standard, the government wins if it can merely show that it had a “rational basis” for adopting the restriction—a far too lenient test. 

Nevertheless, both the Fifth Circuit and the Texas Supreme Court have invalidated economic restrictions under rational basis review when those restrictions were entirely unsupported by evidence. This shows that it is possible to win a case under rational basis review when it is clear that the government had no legitimate motivation for adopting the regulation. That is the case here. The Fifth Circuit should once again reverse the district court. And, in its opinion, the Fifth Circuit should recognize the unacceptable weakness of current doctrinal protections for property, freedom, and economic liberty.

0
FacebookTwitterGoogle +Pinterest
previous post
It’s Tax Season—Five Charts on Who Pays and What’s at Risk
next post
Trump to get annual physical, saying he ‘never felt better’

You may also like

The Indefinite Suspension of All Refugees Is Unjustified

January 27, 2025

Congress Should Repeal the Low-Income Housing Tax Credit,...

May 22, 2025

Trump Administration Shouldn’t Designate Drug Cartels as Foreign...

February 5, 2025

David Boaz, The Consummate Libertarian

June 7, 2024

Just in Time for Valentine’s Day, Hegseth Takes...

February 12, 2025

New Data: Immigrant Population Is 2 Million Below...

September 21, 2023

Sun Shines on the Federal Reserve’s Expansionary Powers

December 21, 2023

Annual Chance of Being Murdered by a Foreign-Born...

April 9, 2024

Why Argentina Should Dollarize

July 27, 2023

The Promising Results of Accessory Dwelling Unit Reform

June 28, 2023

    Get free access to all of the retirement secrets and income strategies from our experts! or Join The Exclusive Subscription Today And Get the Premium Articles Acess for Free

    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Recent Posts

    • Trump 1.0 alums share chilling Google message from before second-term return: ‘LAWFARE at its finest’

      August 2, 2025
    • Trump closes week with plans to reposition subs amid heightened Russia tension, new tariffs

      August 2, 2025
    • Inside the Biden cover-up probe: 8 aides questioned, more on the way

      August 2, 2025
    • BROADCAST BIAS: ABC compares Sydney Sweeney ad to Nazis as networks go nuts about her ‘genes’

      August 2, 2025
    • Jeremy Hunt: ‘We’re over-medicalising anxiety and depression with sick notes’

      August 2, 2025
    • Cambodia to nominate Trump for Nobel Peace Prize for role in ending country’s conflict with Thailand

      August 2, 2025

    Categories

    • Business (8,652)
    • Investing (2,168)
    • Politics (16,286)
    • Stocks (3,228)
    • About us
    • Privacy Policy
    • Terms & Conditions

    Disclaimer: futureretirementsuccess.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

    Copyright © 2025 futureretirementsuccess.com | All Rights Reserved