Michael W. Mitchell and Edward Roche Fourth Circuit Rejects Federal Jurisdiction Over Claim Against State for Loss of Private Property
Fourth Circuit decision analyzes sovereign immunity as it applies to Takings Clause claims.
September 10, 2021 at 10:00 AM
6 minute read
Constitutional Law
A recent decision of the U.S. Court of Appeals for the Fourth Circuit concerned a nightmare scenario for any property owner. The plaintiffs sought to rebuild their beachfront house after it was destroyed. But the property was so close to the beach that local and state agencies would not allow the plaintiffs to rebuild, citing North Carolina's coastal area management laws. Because the denial rendered the property essentially valueless, the plaintiffs sued the state, seeking compensation on the basis that the state had taken their property without just compensation.
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