Dicta in Appeal About COVID-Related Laws Could Have Dire Consequences in Takings Cases
If the Eighth Circuit was correct in observing that individual capacity liability to pay just compensation for a taking does not exist, perhaps every potential avenue to obtain just compensation in federal court arising from an alleged taking by a state official is barred, either for that reason, or because of the Eleventh Amendment.
July 18, 2022 at 10:00 AM
7 minute read
Civil AppealsIn June 2022 in Glow in One Mini Golf v. Walz, the U.S. Court of Appeals for the Eighth Circuit joined at least three other circuits in concluding that expired state laws imposed in 2020 to stop or slow the spread of COVID-19 are not "capable of repetition but evading review," thereby ending appeals challenging their constitutionality. But the most significant part of the decision may be a paragraph of dicta that could have dire consequences for plaintiffs hoping to seek just compensation in federal courts for alleged takings by states.
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