Historically, the government has taken or destroyed property without compensation if the property or owner poses a direct risk to the community--e.g., diseased livestock. But what about economic loss caused by pandemic-related lockdowns? Professor Keith Whittington argues that, although the government may not be legally required to provide compensation in such circumstances, the legislature often feels morally obligated to do so.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Constitutional Implications of Government Regulations and Actions in Response to the COVID-19 Pandemic
COVID-19 and Property Rights: Do Government Actions in Response to the Coronavirus Pandemic Create Compensable Takings?
COVID-19 Response: Constitutional Protections for Private Property
The Kelo Case Provides a Strong Legal Argument for Takings Clause Lockdown Compensation
COVID-19: Public Law Right to Compensation When Deprived of Property
Eminent Domain, Police Power and Pandemics: When Does the Government Have to Pay?