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Buckeye Institute files brief urging SCOTUS to affirm property rights

LEGAL NEWSLINE

Thursday, November 21, 2024

Buckeye Institute files brief urging SCOTUS to affirm property rights

Opinion
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Robert Alt President and Chief Executive Officer | The Buckeye Institute, OH

On November 18, 2024, The Buckeye Institute submitted an amicus brief to the U.S. Supreme Court in the case of GHP Management Corp. v. Los Angeles. The institute urged the court to consider the case and "affirm the sanctity of private property rights." The Manhattan Institute also participated in filing this brief.

David C. Tryon, director of litigation at The Buckeye Institute, stated, “Whether a property owner suffers a physical taking of property by the government, or a government regulation deprives an owner of their fundamental property rights, the result is the same.” He emphasized that both scenarios lead to "a government-compelled physical occupation of private property," which he claims violates the U.S. Constitution.

The amici argue that Los Angeles' eviction ban during the pandemic infringed on property owners' fundamental rights under the Fifth Amendment of the U.S. Constitution. This amendment prohibits the government from taking private property without providing just compensation.

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