Emergency and Police Power: Property Claims in Times of Crisis

• The Police Power
• 1922 Penn Coal v. Mahon
• 1906 Strickley v. Highland Boy Gold Mining Co.
• 1915 Hadacheck v. Sebastian and Rienman v. Little Rock
• 1928 Miller v. Schoene
• 1926 Euclid v. Ambler Realty
• 1988 Pennell v. City of San Jose
• 2002 Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency
• Sterk and Krier Study of 2000 Takings Case
• Local Emergency Power
• Public Health Emergencies
• Uniform System with State & Local Flexibility
• Conclusion

Runtime: 1 hour, 34 minutes
Recorded: July 22, 2020

On the eve of the centennial of Pennsylvania Coal Co. v. Mahon (US 1922), this panel will revisit the question: How far can the police power be stretched to protect the public against dangers? The panel will evaluate the scope of state and local authority to respond to emergencies and the implications for private property rights—asking, how far is too far? What is the scope of implied limitations on private property rights in times of crisis? When does the diminution of existing property rights require compensation? Can local governments respond to a crisis without delegated authority or in defiance of state mandates? What rights do property owners/landlords/tenants have to privately respond in times of crisis.

This program was recorded on July 22nd, 2020.

American Bar Association