The Buckeye Institute, a think tank based in Ohio, has filed an amicus brief urging the U.S. Supreme Court to address the issue of compensating property owners for regulatory takings. Specifically, they are asking the Court to hear the case of El Papel v. Seattle and rule that the city of Seattle must compensate landlords for the temporary eviction ban imposed during the pandemic, even for non-paying renters.
David C. Tryon, the director of litigation at The Buckeye Institute, emphasized the importance of the takings clause in the U.S. Constitution, which states that the government cannot take private property "without just compensation." Tryon argued that Seattle violated this clause when it passed the eviction ban and prevented landlords from collecting rent. He stated, "Whether the government physically takes your property or gives possession to someone else, it still violates the U.S. Constitution."
In their amicus brief, The Buckeye Institute contends that the right to exclude individuals from one's property is a fundamental aspect of property rights protected by the Fifth Amendment. They argue that by prohibiting landlords from excluding non-rent paying tenants, Seattle effectively took private property. The Institute asserts that this violates the constitutional rights of property owners.
The counsel of record representing The Buckeye Institute in this brief is Larry Obhof, a partner at Shumaker, Loop & Kendrick, LLP, and former president of the Ohio Senate. The Pacific Legal Foundation is arguing the case of El Papel v. Seattle.
The outcome of this case could have significant implications for property owners across the United States. If the U.S. Supreme Court agrees to hear the case and rules in favor of The Buckeye Institute's argument, it would establish a precedent that governments must compensate property owners for regulatory takings, even during times of crisis.
As property rights continue to be a key issue in the legal landscape, it remains to be seen how the Supreme Court will address the issue of compensation for regulatory takings. The Buckeye Institute's amicus brief brings this important matter to the forefront, urging the Court to uphold the constitutional rights of property owners.