“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."
"This Court should hold that the right to just compensation is self-executing,and that Louisiana courts may issue writs of mandamus ordering the Sewerage &Water Board—and any future nonpaying entities—to pay for the property it took and damaged."
On the merits, PLF tells the Court the Fifth Amendment’s Takings clause is self-executing and applies to the states. Victims of government-caused flooding need not file statutory civil rights claims, and their just compensation is not blocked by sovereign immunity.
Michigan passed a statute creating a labyrinthine process for recovering equity after a tax foreclosure. PLF tells their supreme court that full, just compensation in compliance with Rafaeli and Tyler should be perfectly simple.