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Eminent domain attorney Jay Small of Mateer Harbert in Orlando joins the podcast to discuss the Supreme Court case Alabama Association of Realtors vs. Department of Health and Human Services. We discuss whether this case opened the door to challenging the moratorium as a compensable taking, and Jay brings a prescient analysis of the opinion. We also discuss the Court’s citation of Loretto, the shift of economic risk to landlords, as well as what Jay notes is a curious omission of Yee v. City of Escondido.
SCOTUS Opinion: https://www.supremecourt.gov/opinions/20pdf/21a23_ap6c.pdf
Jay’s blog post on the opinion: https://mateerharbert.com/did-the-supreme-court-greenlight-takings-claims-after-striking-the-eviction-moratorium/
Jay’s Book Recommendations:The Mystery of Capital – Hernando de SotoThe Color of Law – Richard RothsteinLand – Simon WinchesterMoby Dick – Herman MelvilleBlood Meridian – Cormac McCarthyHeart of Darkness – Joseph Conrad
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
CLINT SCHUMACHER, PODCAST HOST
Clint has represented property owners of all sizes that are being impacted by public projects. Over the last twenty years, Clint has developed a particular expertise in condemnation for highway projects. LEARN MORE >>>
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