Check it out: a new article from the San Diego Law Review that’s worth reading. Here’s the Abstract:
This Comment explores potential Fifth Amendment challenges to COVID-19 eviction restrictions. Part II introduces California and federal COVID-19 eviction laws and lays out an organizational framework for analysis. Part III provides background on relevant regulatory takings jurisprudence. Part IV analyzes COVID-19 residential eviction laws under relevant regulatory takings tests. Part V considers judges’ potential impact on eviction moratorium challenges. Finally, Part VI proposes the solution that the Federal Government should pass legislation to provide direct rent relief for COVID-19-affected tenants.
Get the pdf here: “Taking One for the Team: COVID-19 Eviction Moratoria as Regulatory Takings,” 59 San Diego L. Rev. 345 (2022).
Our take on Co-19 takings (not just eviction moratoria) here. And our thoughts on emergency response laws, generally.