The Buckeye Institute has submitted an amicus brief to the U.S. Court of Appeals for the Eleventh Circuit in the case of Fulton v. Fulton County Board of Commissioners. The brief urges the court to uphold the constitutional right to just compensation when private property is taken by the government. This action comes after a request from the Eleventh Circuit, acknowledging The Buckeye Institute's expertise in legal arguments concerning property rights.
David C. Tryon, director of litigation at The Buckeye Institute, emphasized the importance of protecting private property rights: “The sanctity of private property rights is deeply rooted in American society and fundamental to our understanding of justice.” He warned that allowing state or local governments to seize property without compensation would undermine the Fifth Amendment and leave citizens unprotected against such actions.
The brief, submitted following a November 12, 2024 invitation from the court, addresses several critical issues:
- Whether the takings clause in the U.S. Constitution provides a cause of action directly against the federal government under the Fifth Amendment;
- Whether the Fourteenth Amendment extends a direct cause of action for takings against state governments;
- Assuming such a cause exists against federal or state governments, whether it also applies to local governments.
Thomas G. Saunders from Wilmer Cutler Pickering Hale and Dorr LLP serves as counsel for this brief. Joining The Buckeye Institute are Professor James W. Ely, Jr., Milton R. Underwood professor emeritus at Vanderbilt University, and Julia D. Mahoney, John S. Battle professor of law at the University of Virginia School of Law.