Latest Breaking News

TomSlick

(11,096 posts)

40. The issue is not regulation of business or contract. The issue is a property right.

Fri Feb 26, 2021, 02:44 PM

Feb 2021

The moratorium deprives property owners of their property rights. Far less onerous government actions have been found to be an unconstitutional taking. I cannot imagine any court not finding the moratorium to be a "taking" under the Fifth Amendment. I'm only surprised it has taken this long for a court to so rule.

The Constitution can be a pesky thing.

Edit history

Please sign in to view edit histories.

42 replies

= new reply since forum marked as read

Highlight:

Federal judge rules eviction moratorium is unconstitutional [View all] orangecrush Feb 2021 OP

Biden should consider all Federal judges appointed by tRump as illegit and simply ignore yaesu Feb 2021 #1

So a dictatorship. No thanks. NYC Liberal Feb 2021 #3

Agreed Amishman Feb 2021 #20

Don't think he could DownriverDem Feb 2021 #30

Just appeal it like any President can... simple NotHardly Feb 2021 #37

I appreciate that this will be unpopular but I think the Judge is right. TomSlick Feb 2021 #2

This would all be moot if people were getting stipends like in every other developed country PSPS Feb 2021 #4

That would work. TomSlick Feb 2021 #6

Another option is instead of direct payments to the owners could be of offering tax credits cstanleytech Feb 2021 #10

That would be an option but how does it work if the renter has no income/job? Hugh_Lebowski Feb 2021 #14

Well one option is to make use of the current unemployment system. cstanleytech Feb 2021 #17

Oh, tax credit for the landlord, not the renter, gotcha ... Hugh_Lebowski Feb 2021 #18

Oh they would get more than that. The voucher would be for the rent plus interest on the amount for cstanleytech Feb 2021 #19

A tax credit isnt going to pay my mortgage, taxes, insirance, repairs, salary, etc. oldsoftie Feb 2021 #23

Actually it can pay the mortgage and insurance can be included cstanleytech Feb 2021 #29

What about people renting rooms or grany flats? ripcord Feb 2021 #31

Rooms or flats would fit into the credit option just cstanleytech Feb 2021 #32

That wouldn't be fair ripcord Feb 2021 #33

Like I said it's not a perfect solution and there are cstanleytech Feb 2021 #36

The judge made the right ruling ripcord Feb 2021 #38

i agree w you. mopinko Feb 2021 #8

And these are REAL FACTS right here, folks. Thank you. oldsoftie Feb 2021 #24

I agree... it's clearly a regulatory taking under our laws Blasphemer Feb 2021 #9

Agreed... LovingA2andMI Feb 2021 #13

I agree as well (nt) Hugh_Lebowski Feb 2021 #15

Agreed, the impact on landlords probably is an infringement on their rights Amishman Feb 2021 #21

Agree with this Johnny2X2X Feb 2021 #39

This is common in our area ripcord Feb 2021 #41

None Johnny2X2X Feb 2021 #42

Damn it. area51 Feb 2021 #5

NO catrose Feb 2021 #7

as much as i hate to say it the judge is right rdking647 Feb 2021 #11

The real issue here is that neither tenants nor landlords caused the economic Sibelius Fan Feb 2021 #12

Yep. This one of those 'feel good' sorts of things folks on our side instinctively gravitate toward Hugh_Lebowski Feb 2021 #16

"but the Feds need to compensate the landlords"-- yes agree LymphocyteLover Feb 2021 #28

I've found ways to get them out regardless of the rent status. oldsoftie Feb 2021 #22

This is a very tough one if the government doesn't help the landlords to pay at least the HOA fees Escurumbele Feb 2021 #25

"private property be taken for public use" bucolic_frolic Feb 2021 #26

The govenment is inserting itself into the contract in a fairly invasive way. Dr. Strange Feb 2021 #34

Courts invalidate parts of contracts all the time bucolic_frolic Feb 2021 #35

The issue is not regulation of business or contract. The issue is a property right. TomSlick Feb 2021 #40

worth noting that the moratorium was originally issued under the Trump admin LymphocyteLover Feb 2021 #27