News & Analysis as of

Fourteenth Amendment Regulatory Takings Takings Clause

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

DarrowEverett LLP on

The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Spilman Thomas & Battle, PLLC

COVID-19 and Governmental Closures and Seizures Without Compensation? Condemnation or Reverse Condemnation? What Can You Do?

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...more

BakerHostetler

Does a Governmental Order Requiring that Businesses Close to Prevent the Further Spread of COVID-19 Amount to a Regulatory Taking...

BakerHostetler on

As governmental agencies issue mandates regarding COVID-19, many commercial tenants have been forced to shut down. To obtain relief, such as a rent abatement, a tenant could potentially argue that such governmental action...more

Harris Beach PLLC

Rent Regulations, Tenant Protections Expand Beyond Big Apple

Harris Beach PLLC on

New York state has enacted the Housing Stability and Tenant Projection Act of 2019, providing for sweeping changes to rent and landlord/tenant laws with the stated purpose of protecting tenants while imposing new obligations...more

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