The setup in Article 13 LLC v. New York Attorney General, No. 23-7247 (May 13, 2026) is very “Second Circuity,” and is bit convoluted, so hang on while we get through it. But we shall start with the U.S. Court of Appeals for the Second Circuit’s conclusion that a New York statute known as the Foreclosure Abuse Prevention Act did not result in a taking because the challenger does not have a property interest in “collaterally challeng[ing] the invalidity of a prior foreclosure action years after the limitations period expired[.]” Slip op. at 25. And even if that were a property right, this was not a Penn Central taking because any “negative economic impact … was the result of [the challenger]’s own inaction.” Id.
Continue Reading You Snooze You Lose In The Second Circuit: No Property Interest In Challenging A Statute When You Let The Statute Of Limitations Expire