“Without guardrails, disparate impact liability gives federal housing authorities (and plaintiffs’ attorneys) a tool to wield virtually unlimited power over the nation’s housing policy.”
“Property owners have a fundamental constitutional right to say “keep out,” and statutes authorizing third parties to enter private property without consent are presumptively takings, requiring both condemnation proceedings and the payment of just compensation.”
"The holding in Tyler is clear: when valuable property is taken to satisfy a less valuable tax debt, the former owner is entitled to just compensation for her equity interest in that property."
"When a regulation dedicates private property rights to public use, without just compensation, it is contrary to the Fifth Amendment and unconstitutional. But the court below did not see it that way."