Tuesday, May 19, 2020
Is Lockdown Without Compensation Unconstitutional?
Lockdown without compensation violates the spirit if not the letter of the Fifth Amendment provision: "nor shall private property be taken for public use, without just compensation."
The lockdown may not involve government permanently taking possession of property as is usually the case, but the action deprives the owner of the right to use the property to generate
income which in effect is the. same situation. States have been compensating owners of property commandeered for use to treat COVID-19 patients. States should be compensating owners of lockdown property.
Firefighters may construct a firebreak to stop a major wildfire. They will burn off a strip of vegetation ahead of the fire so the fire will stop when it reaches the break.
The states have been using closed businesses as "virus breaks" because the virus cannot move through empty spaces. By taking private property for public use as "virus breaks" states are obligated to compensate the property owners.
States probably won't compensate the property owners unless property owners can use class action lawsuits to get the courts to order compensation. Alternatively property owners might ask President Donald Trump to require states to first use any new virus assistance to compensate the property owners.
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