Nine attorneys general request Supreme Court to strike down regulatory land rule

By Legal News Line | Apr 22, 2016

LITTLE ROCK, Ark. (Legal Newsline) – Arkansas Attorney General Leslie Rutledge recently joined together with eight other attorneys general in asking the U.S. Supreme Court to reject a rule that would give the government too much leeway to regulate land without justly compensating property owners.

The attorneys general expressed their thoughts in a joint amicus brief filed in the Murr v. Wisconsin case, which is currently before the Supreme Court.

The new rule affects regulatory takings. It deals with how the regulation affects the property and all adjoining properties owned by the same person. Under the rule, the more property a person owns, the less likely the government would be required to compensate them for a regulatory taking.

“This case comes down to simple economics,” Rutledge said. “Landowners should not be penalized because they own multiple pieces of land. However, if the court sides with Wisconsin, it will make it easier for any government entity to take private land without just compensation. The Fifth Amendment was adopted to protect private property rights, and I urge the court to rule in the Murrs’ favor.”

The states involved in the amicus brief are Alaska, Arizona, Arkansas, Kansas, Nevada, Oklahoma, South Carolina, West Virginia and Wyoming.

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