Does the Takings Clause Require Compensation for Coronavirus Shutdowns?

Does the Takings Clause Require Compensation for Coronavirus Shutdowns?

 

Under current Supreme Court precedent, the answer is almost always going to be “no.” But some compensation may be morally imperative, even if not legally required.

|THE VOLOKH CONSPIRACY | 

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.

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Source: Does the Takings Clause Require Compensation for Coronavirus Shutdowns?

 

March 26, 2020 / Uncategorized

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About the Author

Denlow & Henry is the only Missouri law firm practicing solely in eminent domain law. More importantly, we only represent property owners.

Our firm has offered these services for more than 35 years. We have diligently protected the constitutional property rights of our clients and strived to obtain full compensation for the taking of their property.

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