Community Claim of Right

Vacant properties are more than an eyesore or a sign of neighborhood blight: they contribute to wider social and legal problems for residents and are a significant expense for cities. Cities across the nation acquire and hold vacant and tax foreclosure properties to abate public nuisances and protect communities from criminal activity. Even though these properties are owned by local governments, they are treated analogously to private property with the city as the sole owner. Therefore, the city has a right to exclude, and the surrounding community has no inherent license to use these open spaces. Perhaps most troubling, because law enforcement is permitted to police city-owned property more aggressively than private property, persons entering city lots can be harshly treated. Unsurprisingly, low-income and minority communities are disproportionately affected as vacant lots are usually concentrated in their neighborhoods.