Post on Northwestern Law Review Of Note Blog
I contributed the above post to Northwestern Pritzker School of Law’s Law Review Blog concerning the current COVID-19 crisis and related government actions.
To make a short blog post even shorter: Takings claims aren’t going to fare very well in trying to push back on lockdown and business closure orders. But, it’s very likely that over the long haul some government regulations will “go too far” in exercising police powers in a way that amount to a taking.
I know that several of my colleagues in the eminent domain bar have said they haven’t see any. I think I’ve seen two. But both were fairly small issues, and I’m not sure either will draw any significant litigation.