The Volokh Conspiracy

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Takings

Federalist Society Courthouse Steps Podcast on Pung v. Isabella County Takings Case

I took part along with Deborah La Fetra of the Pacific Legal Foundation (who helped litigate the case).

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I recently participated in a Federalist Society podcast on Pung v. Isabella County, the Supreme Court's recent badly flawed Takings Clause decision. Deborah La Fetra of the Pacific Legal Foundation (one of the lawyers representing the property owners in the case) also took part. Deborah is a bit more optimistic than me about the ultimate resolution of the case on remand (though I agree with her that the property owners might well ultimately prevail based on the unfairness of the procedures they were subjected to). Regardless, I think we both agree that the Court's decision sets a terrible precedent on the calculation of "just compensation" under the Takings Clause, in cases where the government seizes property due to possible tax delinquencies. I previously wrote about Pung here and here.

I embedded the video of the podcast below:

NOTE: The  Pacific Legal Foundation is also my wife's employer. She, however, is not one of the attorneys on the case. The Pung estate is also represented by other attorneys.