Please mark your calendars for Friday, May 15, 2020 at 2:30pm Eastern Time, for the teleforum sponsored by the Federalist Society's Environmental Law & Property Rights Practice Group, "COVID-19 & Property Rights: Do Government Actions in Response to the Coronavirus Pandemic Create Compensable Takings?"
The issue: how should courts evaluate the claims for compensation arising out of emergency measures? This question is on the front burner at the moment (and will continue to be because the courts will likely be confronted from these type of claims as the fallout continues). For example, here are some of the complaints that have been filed in courts around the nation: see here, here, here, here and here.
Please join the program (public welcome). It will be a moderated discussion between two experts in the area, both of whom have been following the issue closely, and who have written about it:
- Professor Ilya Somin (George Mason Scalia School of Law)
- Professor F.E. Guerra-Pujol (University of Central Florida)
- Moderator: Robert H. Thomas (William & Mary Law and Damon Key (Honolulu))
Professor Guerra-Pujol recently wrote "The Kelo Case Provides a Strong Legal Argument for Takings Clause Lockdown Compensation," while Professor Somin responded with "No, the Kelo Case Doesn't Require Takings Compensation for Businesses Closed by Coronavirus Shutdown Orders," and the moderator authored “Evaluating Emergency Takings: Flattening The Economic Curve."