Does the Takings Clause Require Compensation for Coronavirus Shutdowns?
State and local governments across the country are forcibly shutting down numerous businesses and other institutions in a desperate effort to limit the spread of the coronavirus. A number of people have asked me whether the Takings Clause of the Fifth Amendment requires compensation for such shutdowns. After all, the Clause mandates payment of “just compensation” any time the government takes “private property” for “public use.” And a shutdown obviously imposes severe—sometimes even ruinous—limitations on the owner’s use of their property.
Receive Updates on this Topic
As a service to property owners we have developed a list of topics and projects relating to eminent domain and condemnation. If you would like more information on this topic or project, or have another issue that you would like to discuss with us, please use this form. If a project is not listed, contact us.