U.S. Court of Appeals for the Fifth Circuit exhibit photo in "Devillier v. Texas." Dissent Says 5th Circuit Gives States Loophole That Castrates Takings Clause
"If enforcement to just compensate is purely a matter of discretion, the government is going to exercise its discretion not to pay for things it takes," Institute for Justice attorney Bob McNamara said.
March 24, 2023 at 09:47 PM
6 minute read
Constitutional Law
The U.S. Court of Appeals for the Fifth Circuit created a law that lets states avoid compensating property owners for assets it takes, according to a dissent joined by five circuit judges.
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