Where the Sidewalk Extortion Ends

A Tennessee court has stopped Nashville from using permitting to force homeowners to pay for public-works projects the city won’t fund.

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Construction workers install new sidewalk infrastructure in downtown Palm Springs, Calif., July 11, 2023.

Jay Calderon/USA Today Network via Reuters

Cities have grand dreams of remaking themselves, but their vision of a gleaming urban future keeps evaporating because they are broke. Instead of getting their fiscal houses in order, America’s cities think they have found an easy way out: Make someone else pay. Specifically, you, and not through the regular-but-politically-toxic order of taxation.

For decades cities have used their permitting offices as a mint, withholding valuable permits until citizens agree to extortionate demands to address public problems that officials refuse to solve. The U.S. Supreme Court has repeatedly compared it to extortion, but the lower courts have done little to stop it.

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About the Author

Braden H. Boucek

Braden H. Boucek is the director of litigation at the Southeastern Legal Foundation.

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About the Author

Justin Owen

Justin Owen is the president and CEO of the Beacon Center of Tennessee.

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