The Town’s moratorium was a categorical taking of Evergreen’s right to exclude. Evergreen’s fundamental property rights were stripped away by government decree and it is now prohibited from excluding the tenants that, but for the moratorium, could have been excluded by law and by lease.
There is no public necessity exception to the Takings Clause and the Ninth Circuit was wrong to hold that there can be no compensable taking when police intentionally destroy a person’s business in pursuit of a fugitive.
There is no police-power exception to the Takings Clause, and the Seventh Circuit was wrong to hold that there can be no compensable taking of private property when police intentionally destroy a person’s home.
The government has to pay you fairly for taking your land. Our whole conception of private property stands atop that premise. This case tests whether that promise is worth any more than the paper it’s written on.
The long tradition of having juries determine just compensation cannot be casually tossed aside by concluding that a trial judge deciding whether the government’s actions had “damaged” property is also deciding whether the owner’s residue property has been damaged.
Whether a party can pay a fine will, in most cases, turn on the aggregate fine imposed instead of the per violation amount. So, naturally, an ability to pay analysis must consider the aggregate fine amount along with the per violation amount... The danger is especially apparent in property cases where owners who can’t afford to make repairs are treated as if every single day is a new violation and fined accordingly. While $100 per day for chipping paint might be affordable on day one (the first violation), few people could afford it on day 100.
With politicians and government agencies continuously devising new ways to collect, store, aggregate, and search individuals’ selectively shared private information, the time for [the Supreme] Court to affirm Fourth Amendment protections is at hand.
[The Iowa Supreme Court] should hold that the Iowa Constitution, like the U.S. Constitution, prohibits the government from using the toehold of a tax debt to take more than what is owed without just compensation.
The Supreme Court has routinely looked to the common law when determining what the home encompasses for Fourth Amendment purposes. Doing so here confirms that a tenant’s apartment is his dwelling just the same as a standalone house. As such, it receives all the protections conferred by the common law, including curtilage protections.