You don't see a lot of news-worthy action from the US Court of Appeals for the Federal Circuit.
Posted on 08/10/2024 10:30:31 PM PDT by CFW
On Wednesday, in Darby Development Co. v. United States, the US Court of Appeals for the Federal Circuit (which reviews takings claims against the federal government ruled that a takings lawsuit against the 2020-21 federal eviction moratorium can proceed. In so doing, it overruled a trial court decision by the Court of Claims, which I criticized here. The decision could well end up setting an important takings precedent.
In September 2020, during the Covid pandemic, the Trump Administration Centers for Disease Control (CDC) imposed a nationwide eviction moratorium, claiming that it would reduce the spread of the disease. The Biden Administration extended the moratorium multiple times. In August 2021, the eviction moratorium was invalidated by the Supreme Court because the CDC lacked proper statutory authority to institute it. But, in the meantime, numerous landlords suffered financial losses, because they could not evict tenants who weren't paying rent.
Some of the property owners filed a lawsuit arguing that the eviction moratorium violated the Takings Clause of the Fifth Amendment, which requires the government to pay "just compensation" whenever it takes private property. As I explained at the time, their position was backed by the Supreme Court's 2021 ruling in Cedar Point Nursery v. Hassid, which held that even temporary physical occupations of property qualify as "per se" (automatic) takings requiring compensation.
In May 2022, the US Court of Claims dismissed the takings lawsuit against the CDC moratorium on the perverse ground that there was no taking because the CDC's eviction moratorium was never properly "authorized." In other words, the government could escape takings liability because its actions were illegal! The recent Federal Circuit decision reversed that ruling.
(Excerpt) Read more at reason.com ...
This case could end up being reviewed by the en banc Federal Circuit or even the by the Supreme Court. But if not (or if the en banc court or the Supreme Court uphold this ruling), it will set an important precedent on both the nature of "authorization" for takings, and eviction moratoria."
It's good to see this ruling. Landlords lost quite a bit of income due to the government's actions.
You don't see a lot of news-worthy action from the US Court of Appeals for the Federal Circuit.
Small businesses that were forced to close because they were
categorized as “non-essential” should make the same claim.
# Title Judge Duty station Born Term of service Chief judge Appointed by 31 Chief Judge Kimberly A. Moore Washington, D.C. 1968 2006–present 2021–present G.W. Bush 16 Circuit Judge Pauline Newman[a] Washington, D.C. 1927 1984–present — Reagan 22 Circuit Judge Alan David Lourie Washington, D.C. 1935 1990–present — G.H.W. Bush 29 Circuit Judge Timothy B. Dyk Washington, D.C. 1937 2000–present — Clinton 30 Circuit Judge Sharon Prost Washington, D.C. 1951 2001–present 2014–2021 G.W. Bush 33 Circuit Judge Jimmie V. Reyna Washington, D.C. 1952 2011–present — Obama 35 Circuit Judge Richard G. Taranto Washington, D.C. 1957 2013–present — Obama 36 Circuit Judge Raymond T. Chen Washington, D.C. 1968 2013–present — Obama 37 Circuit Judge Todd M. Hughes Washington, D.C. 1966 2013–present — Obama 38 Circuit Judge Kara Farnandez Stoll Washington, D.C. 1968 2015–present — Obama 39 Circuit Judge Tiffany P. Cunningham Washington, D.C. 1976 2021–present — Biden 40 Circuit Judge Leonard P. Stark Washington, D.C. 1969 2022–present — Biden
nice dataset... +1
I wish. But it was “an emergency.”
I was shuttered and it never came back. I am still down 90% pre kung flu, and to thanks the IRS said I owed $6000 for reasons they can’t explain. Luckily I sold my rental a few years before. Friends who had rental houses were destroyed. Renters didn’t pay, and the state government still forced you to do repairs. And of course you still have to pay property taxes, insurance, and mortgage. Kung flu knocked the pillars of freedom and liberty out of the world.
“The 2-1 decision overrules a trial court decision that went the other way”
https://cafc.uscourts.gov/opinions-orders/22-1929.OPINION.8-7-2024_2363309.pdf
Before DYK, PROST, and STOLL, Circuit Judges.
Opinion for the court filed by Circuit Judge PROST.
Dissenting opinion filed by Circuit Judge DYK.
Sharon Prost [Dubya judge] and Kara Farnandez Stoll [Obama judge] versus Timothy B. Dyk, Clinton judge: 2 to 1.
That wasn't a bug - it was a feature.
Good news!
I had one rental property and I sold it in 2021. My tenants lease expired and they opted not to renew. I no longer wanted to be a landlord, especially if the FedGov is going to mandate that I can’t evict a tenant who won’t pay.
So if the federal government is found rightfully guilty then that means the many states that did it are guilty too.
I still have all my tax records from that time. Fortunately I only had a few deadbeats. I seriously doubt that I will be able to file a claim in my lifetime.
“I was going to ping you to this when I suddenly realized that you posted it! “
I appreciate the thought.
The problem is that these landlords will never be made whole, no matter the final ruling.
The best we can hope for is that no government agency ever be allowed to do such a thing again in the future.
The 2008 banking crisis was used to corporatize rental using investment company money.
Their goal, make money, saves as yours.
The difference, they drive up the basic cost of ownership, thus rent.
They were in the news as the bad guys in 2010.
Long forgotten.
They can absorb a couple of years of no payment, using it for theirtax liability. You cannot.
They did not leave the market, but created a feudal system for profit.
They have lobbyists, you don’t. They have cash to burn on lawfare, you don’t.
Someday, some brave person will re-expose this.
You can bet they had lobbyists at the government free money table in 2020.
They can drive the little guy out.
It’s the partnership between government and corporations.
of course it was a taking. Its not even arguable.
Have patience, Ashli.
They’ll get around to you.
Sooner or later.
The Demagogic Party is a collection of violent, lawless, rival street gangs, and delenda est.
[snip] In August 2021, the eviction moratorium was invalidated by the Supreme Court because the CDC lacked proper statutory authority to institute it. But, in the meantime, numerous landlords suffered financial losses, because they could not evict tenants who weren't paying rent.
Some of the property owners filed a lawsuit arguing that the eviction moratorium violated the Takings Clause of the Fifth Amendment, which requires the government to pay "just compensation" whenever it takes private property. As I explained at the time, their position was backed by the Supreme Court's 2021 ruling in Cedar Point Nursery v. Hassid...
In May 2022, the US Court of Claims dismissed the takings lawsuit against the CDC moratorium on the perverse ground that there was no taking because the CDC's eviction moratorium was never properly "authorized." In other words, the government could escape takings liability because its actions were illegal! The recent Federal Circuit decision reversed that ruling. [/snip]
The BIG PRIZE here is Rent Control. Hard to see any substantial difference between this case and Rent Control.
If you want an example of why the Democrats are HELL BENT on packing the courts it’s not abortion (they just use it to get woke/cuck vote), it’s that the Democrats know just how far US governments have overstepped over the past 100 years, and they are scared Shiiteless as to what simple court rulings can do to their power (but I know, Trump is a bit ‘rough around the edges’, right?).
Would that also mean that in an eviction hearing, if a judge or magistrate gives the tenant two more weeks before the sheriff will come and set them out, that the landlord must be compensated by the court?
It’s about damned time.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.