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Rethinking the Seattle "CHOP" Takings Case. Property owners are suing the city for helping far-left activists seize control of their property
Reason ^ | October 21, 2020 | Ilya Somin

Posted on 10/26/2020 1:12:54 PM PDT by karpov

Throughout much of June 2020, far-left activists exercised control over a part of Seattle that came to be known as the "Capitol Hill Organized Protest Zone" (CHOP). City officials allowed the activists to control the 16-block area in the wake of clashes with police arising from protests triggered by the brutal killing of George Floyd by police officers in Minnesota. During the three week period of CHOP "autonomy" (which was finally ended when the mayor ordered police to clear the area on July 1), there was extensive violence and property damage in the area.

Property owners have sued the city, seeking compensation for the damage they suffered, and for temporary loss of access to their land and buildings. One of the claims they have made is a demand for compensation under the Takings Clause of the Fifth Amendment, and the equivalent provision in the Washington State Constitution. As co-blogger Eugene Volokh notes, a federal district court recently denied a motion to dismiss three of the claims made by the plaintiffs, including the takings claim.

When I initially heard about the takings claim in this case, I was very skeptical. But reading Judge Thomas Zilly's careful opinion has led me to reconsider. I'm not yet sure who deserves to prevail here. But the plaintiffs may have a much better case than I previously thought.

The reason for my initial skepticism is that the Takings Clause and similar provisions in state constitutions generally only require compensation for the seizure of property rights by the government. If, for example, the government takes your land to build a road or a military base on it, the state must pay "just compensation" (usually the fair market value of the property taken).

(Excerpt) Read more at reason.com ...


TOPICS: Government; US: Washington
KEYWORDS: chaz; chop; seattle; takings; washington
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To: karpov

The mayor is responsible for all that happened. The aggrieved individuals are owed, big time.


21 posted on 10/26/2020 2:33:43 PM PDT by I want the USA back (Social media are the propaganda arm of the Democratic Party. Wholly owned subsidiaries.)
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To: karpov

bookmark


22 posted on 10/26/2020 3:12:13 PM PDT by GOP Poet
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To: I want the USA back

Wouldn’t it be fantastic if she could be personally held responsible as well and get sued for damages? I hasten to guess if this was done we’d see a lot less of this BS by mayors and city officials.


23 posted on 10/26/2020 3:15:13 PM PDT by GOP Poet
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To: dfwgator

Has anybody seen one bit in recent news about Dem mayors in danger of being kicked out of office Tuesday due to their weakness handling the riots? All I know is that the mayor of Charleston, SC is toast from it. Portland’s mayor is up for reelection Tuesday but I have no idea if that’s enough to end his career. His opponent is a communist supporter so he may be doomed. Seattle’s mayor isn’t up until next year.


24 posted on 10/26/2020 7:28:05 PM PDT by Hillarys Gate Cult
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To: karpov

Didn’t they call it an “occupied zone” at the start?


25 posted on 10/26/2020 7:33:44 PM PDT by Lurkina.n.Learnin (With age comes wisdom or well practiced ignorance)
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To: Lurkina.n.Learnin

Actually it was CHAZ. Capitol Hill Autonomous Zone


26 posted on 10/26/2020 7:37:45 PM PDT by Lurkina.n.Learnin (With age comes wisdom or well practiced ignorance)
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To: libertylover

“What is really brutal to our nation is the mass malpractice from the Media Industrial Complex”

Better put, “the propaganda machine of the Communist Party, formally known as the Democratic Party”!


27 posted on 10/27/2020 12:15:16 AM PDT by Herakles (Diversity is applied Marxism!)
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