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"Obama's Property Grab"

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Over at the Bloomberg View, I call attention to the Obama administration's attempt to convince the U.S. Supreme Court that the federal government can deny landowners the use of their property for years -- decades if need be -- without ever paying compensation.

Deputy Solicitor General Edwin Kneedler advanced this remarkable proposition during oral argument in Arkansas Game and Fish Commission v. United States, a case involving the damage wrought by the Army Corps of Engineers in its operation of the Clearwater Dam in Arkansas. The administration's argument poses a grave threat to the vitality of the Fifth Amendment's takings clause, which requires the government to pay "just compensation" when it takes property for public use. I explain why this argument is dead wrong here.

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Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

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The Manhattan Insitute's Center for Legal Policy.