To us, one of the strangest things in constitutional law is the conclusion that although private property is a fundamental right for purposes of the Just Compensation Clause, it isn’t fundamental for purposes of the Due Process Clause. When your private property is taken you must be provided compensation. But when you are deprived of
October 2023
PruneYard Revisited: Washington SCT Says No Physical Occupation Taking In State’s Eviction Ban – You Invited Tenants In, So Forcing Owners To House Them For Free Is Merely Regulating That Voluntary Relationship
We’re not going to ask you to read the entire 24 pages of the Washington Supreme Court’s 5-4 opinion in Gonzales v. Inslee, No. 1000992-5 (Sep. 28, 2023), in which the court seriatim rejects every challenge to the Governor’s Co-19 emergency eviction moratorium for tenants, which allowed tenants who did not pay rent to…

