Rethinking the Seattle CHOP Takings Case Reason.com

Property owners have sued the city, seeking compensation for the damage they suffered, and for temporary loss of access to their land and buildings. One of the claims they have made is a demand for compensation under the Takings Clause of the Fifth Amendment, and the equivalent provision in the Washington State Constitution. As co-blogger Eugene Volokh notes, a federal district court recently denied a motion to dismiss three of the claims made by the plaintiffs, including the takings claim.

When I initially heard about the takings claim in this case, I was very skeptical. But reading Judge Thomas Zilly’s careful opinion has led me to reconsider. I’m not yet sure who deserves to prevail here. But the plaintiffs may have a much better case than I previously thought.

via reason.com