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Do we still have property rights in Louisiana?

Posted on 11/9/25 at 8:26 am
Posted by Capitalist
Member since May 2014
145 posts
Posted on 11/9/25 at 8:26 am
I read in Advocate that city of New Orleans prevented a demolition permit for a man to demolish a house on his own property. So he demolished it anyway and was fined $10,000. The cost of the fine was worth him being able to demolish the structure on his own property.

In all of Louisiana you now need a permit for any roof repair on your own house as of August 1, 2025. This is news to me. Imagine wanting to repair your house. You have to pay money to apply for a roofing permit, then try and fill out all this bureaucratic b.s. online to get the permit, and then wait for someone to come watch you work on your own roof in stages throughout your repair, A two hour job can turn into multiple days of work. You have to stop and wait for inspector to return before proceeding to next phase of your project.

In City of St. George, (I call it City of Nazi Germany - this city is quickly becoming a mandatory H.O.A. run by busy bodies), My cousin has a few collector cars in his backyard, shielded from view of any street. You basically have to climb his fence to look into his backyard, is being hounded by code enforcement to remove thousands of dollars of equipment from his own back yard.

Meanwhile property taxes that used to be less than a $1,000 on my property 15 years ago reached a little over $4,400 last year. To be for more laws, less freedom, and higher taxes on EVRYTHING in this state.
This post was edited on 11/9/25 at 8:41 am
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
79558 posts
Posted on 11/9/25 at 8:56 am to

Owning a home in the United States does not grant absolute ownership; it confers only a diluted property right because the title is burdened by multiple superior claims that can strip you of control or possession without your consent.Property taxes create a perpetual lease, not ownership.

Fail to pay annual taxes and the government seizes your home through tax lien foreclosure—even if the mortgage is paid off. This makes you a tenant of the state, paying rent (taxes) indefinitely to retain possession. True ownership would not require ongoing payments under threat of dispossession.

Eminent domain overrides your title.
Under the Fifth Amendment’s Takings Clause, any government can condemn your land for “public use” (now broadly interpreted to include private development, Kelo v. City of New London, 2005) and force a sale at “fair market value.” Your consent is irrelevant; the state holds the superior claim.

Regulatory takings and zoning erode use.
Environmental regulations, historic-preservation rules, or zoning changes can prohibit rebuilding, renting, or modifying your own land—sometimes rendering it worthless—yet courts often deny compensation (Penn Central test). You “own” the dirt but not the right to use it.

Mortgage liens and HOA covenants create private overlords.
Most “owners” hold title subject to a bank’s lien; miss payments and the bank takes the house. Even with clear title, HOAs can foreclose for unpaid dues or covenant violations, placing collective rules above individual ownership.

In short: you never fully own a U.S. home. You hold a bundle of contingent sticks—tax servitude, regulatory straightjacket, and potential forced sale—while the state and other entities retain the real power. What Americans call “homeownership” is better described as a long-term, taxable, revocable license to occupy land under perpetual conditions. Absolute ownership does not exist under current law.

Posted by UptownJoeBrown
Baton Rouge
Member since Jul 2024
5824 posts
Posted on 11/9/25 at 9:23 am to
quote:

In all of Louisiana you now need a permit for any roof repair


So not limited to St George. Got it. So what you really meant to say was State of Nazi Louisiana.
This post was edited on 11/9/25 at 9:23 am
Posted by Wee Ice Mon
Member since May 2014
1795 posts
Posted on 11/9/25 at 10:19 am to
I can’t even get a deed for the home and property I own in St Tammany. The only thing the clerk of court can give you is a document saying nothing is owed to a lender.

This means I don’t really own it. It is rented via property tax.

The only thing you can get a deed for is a burial plot. So, the only property I can truly own is the hole they will throw me in after death!

Posted by Pezzo
Member since Aug 2020
2852 posts
Posted on 11/9/25 at 11:05 am to
I was flabbergasted when I learned about the roof repair law, the shithole gets deeper
Posted by CDawson
Louisiana
Member since Dec 2017
19116 posts
Posted on 11/9/25 at 11:36 am to
No, you can never own anything as long as government can collect property taxes.
Posted by Harry Boutte
Louisiana
Member since Oct 2024
3329 posts
Posted on 11/9/25 at 1:49 pm to
In Louisiana, the conveyance record is the deed. It's filed with the Clerk of Court’s office.
Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
6037 posts
Posted on 11/9/25 at 2:00 pm to
quote:

Absolute ownership does not exist under current law.


Like all other borders, they are only as good as your ability to enforce them. If you have the might to eject or repel any agent of the US, then you have absolute ownership/possession and no one can enforce anything on you. Otherwise, if you bought that property within the US, you understood the situation into which you were entering. There’s plenty of other patches of land on earth that you could have sought, but these patches of land within the US come with certain benefits that make the downsides an acceptable trade off.
Posted by loogaroo
Welsh
Member since Dec 2005
39078 posts
Posted on 11/9/25 at 2:59 pm to
quote:

In all of Louisiana you now need a permit for any roof repair on your own house as of August 1, 2025.


WTF!

How did that get passed?
Posted by LemmyLives
Texas
Member since Mar 2019
12719 posts
Posted on 11/9/25 at 3:22 pm to
quote:

How did that get passed

I'm sure it passed because it was explained to protect the populace from agreeing to shoddy or incomplete damage repairs, from "unscrupulous contractors." Well, that can't be a bad thing, can it?

Just like the licensing requirement for flower arrangements, it creates barriers to new entrants to the market, protecting "the big guys." shite like this couldn't be more Louisiana if it tried:

quote:

You must be authorized to sell flowers in the state of Louisiana. This at-a-glance comparison tells you what you might need.

What you want to do

Type of license or permit needed

Sell cut flowers (singly or arranged) to customers

Cut Flower Dealer Permit

Sell cut flowers (singly or arranged) and ornamental plants in pots to customers

Floral Dealer Permit


Such a dangerous, dangerous profession. Maybe demand a safety course next year, for peace of mind??
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
57599 posts
Posted on 11/9/25 at 3:33 pm to
quote:

Eminent domain overrides your title.
Under the Fifth Amendment’s Takings Clause, any government can condemn your land for “public use” (now broadly interpreted to include private development, Kelo v. City of New London, 2005) and force a sale at “fair market value.” Your consent is irrelevant; the state holds the superior claim.

Regulatory takings and zoning erode use.
Environmental regulations, historic-preservation rules, or zoning changes can prohibit rebuilding, renting, or modifying your own land—sometimes rendering it worthless—yet courts often deny compensation (Penn Central test). You “own” the dirt but not the right to use it.


Just wait til you read this. You can't hate the climate crazies enough.
Posted by LemmyLives
Texas
Member since Mar 2019
12719 posts
Posted on 11/9/25 at 3:51 pm to
I'm going to pour a little gas on your fire:
Reason.com property rights archive

It was 20 years ago the USSC ruled that they could tear down Kelo's home in order to provide the land for "highest and best use," for a pharma research facility. Pfizer won the case, and demolished the house. And the research facility was never built.

You'll effectively own nothing, and like it.
Posted by LemmyLives
Texas
Member since Mar 2019
12719 posts
Posted on 11/9/25 at 3:54 pm to
I don't want to revive your month old thread, but the loopholes created in multiple states to avoid regulatory scrutiny for the data center craze follows a similar model. I hate red tape, but why are data centers and the power plants they buy/lease/build special? Reduce red tape on all, not just for Meta, AWS, Equinix, etc.
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