Here's the recording of the Federalist Society's Environmental Law & Property Rights Practice Group teleforum we did a couple of weeks ago, "COVID-19 & Property Rights: Do Government Actions in Response to the Coronavirus Pandemic Create Compensable Takings?" Stream above, or download it here.
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.
The two featured speakers (Professor Ilya Somin and Professor F.E. Guerra-Pujol), not only debated and answered questions for an hour, but have also been following the issue closely (and writing about it). For example, Professor Guerra-Pujol 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."
We moderated the program and threw a couple of questions out there, too. Our thoughts on the topic are in this draft article: "Evaluating Emergency Takings: Flattening The Economic Curve."
