Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Rethinking the Seattle "CHOP" Takings Case. Property owners are suing the city for helping far-left activists seize control of their property
Reason ^ | October 21, 2020 | Ilya Somin

Posted on 10/26/2020 1:12:54 PM PDT by karpov

Throughout much of June 2020, far-left activists exercised control over a part of Seattle that came to be known as the "Capitol Hill Organized Protest Zone" (CHOP). City officials allowed the activists to control the 16-block area in the wake of clashes with police arising from protests triggered by the brutal killing of George Floyd by police officers in Minnesota. During the three week period of CHOP "autonomy" (which was finally ended when the mayor ordered police to clear the area on July 1), there was extensive violence and property damage in the area.

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.

The reason for my initial skepticism is that the Takings Clause and similar provisions in state constitutions generally only require compensation for the seizure of property rights by the government. If, for example, the government takes your land to build a road or a military base on it, the state must pay "just compensation" (usually the fair market value of the property taken).

(Excerpt) Read more at reason.com ...


TOPICS: Government; US: Washington
KEYWORDS: chaz; chop; seattle; takings; washington
Navigation: use the links below to view more comments.
first 1-2021-27 next last
There should be consequences for politicians that turn over parts of a city to a criminal gang.
1 posted on 10/26/2020 1:12:54 PM PDT by karpov
[ Post Reply | Private Reply | View Replies]

To: karpov

If the owners voted for the mayor then the lawsuit should be dismissed.


2 posted on 10/26/2020 1:13:27 PM PDT by dfwgator (Endut! Hoch Hech!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov
There should be consequences for politicians that turn over parts of a city to a criminal gang.

Severe

3 posted on 10/26/2020 1:14:26 PM PDT by 1Old Pro (FILL THE SEAT)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

There should be consequences for the media continuing to lie every day.

George Floyd died from a drug overdose.


4 posted on 10/26/2020 1:15:17 PM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents|Know Islam, No Peace-No Islam, Know Peace)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov
There should be consequences for politicians that turn over parts of a city to a criminal gang.

Yes. There should be.


5 posted on 10/26/2020 1:16:20 PM PDT by Seruzawa (TANSTAAFL!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

SHOWTIME...Class action BABY!!!!


6 posted on 10/26/2020 1:16:25 PM PDT by SMARTY ("Barbarism is the absence of standards to which an appeal can be made" Y Gasset)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

The bad news: any damages assessed will be turned over to the city taxpayers. The good news: they voted for the clowns who did it. I’d make that a tossup.


7 posted on 10/26/2020 1:21:59 PM PDT by Billthedrill
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

In the 19th century and well into the 20th century, back when politicians respected private property - many states had laws allowing cities to be sued for damages caused by riots and looting.

the logic was simple - cities controlled public order and police. By government choices and inaction, they permitted private property to be taken by looters without any legal justification or compensation.

Democrats in large cities managed to get rid of most of those laws by the mid 20th century


8 posted on 10/26/2020 1:25:16 PM PDT by PGR88
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov
There should be consequences for politicians that turn over parts of a city to a criminal gang.

Absolutely!

9 posted on 10/26/2020 1:31:29 PM PDT by libertylover (Election 2020: Make America Great Again or Burn it to the Ground. Choose one.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov
... protests triggered by the brutal killing of George Floyd by police officers in Minnesota

George Floyd wasn't brutally killed the the police. George Floyd died hours later, not from asphyxiation following a knee to his neck, but from heart failure due to a massive drug overdose.

What is really brutal to our nation is the mass malpractice from the Media Industrial Complex.

10 posted on 10/26/2020 1:35:56 PM PDT by libertylover (Election 2020: Make America Great Again or Burn it to the Ground. Choose one.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

“There should be consequences for politicians that turn over parts of a city to a criminal gang.”

Define criminal gang. That could include many government buildings and employees. lol


11 posted on 10/26/2020 1:40:33 PM PDT by LeoTDB69
[ Post Reply | Private Reply | To 1 | View Replies]

To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
I'm not yet sure who deserves to prevail here. But the plaintiffs may have a much better case than I previously thought.
How about Antifa goes burns down the house of the jackoff who wrote this crap?

12 posted on 10/26/2020 1:40:34 PM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
[ Post Reply | Private Reply | View Replies]

To: karpov

If the residents were Americans, they would forget the lawsuits and focus on explicit uses of both tar and feathers...


13 posted on 10/26/2020 1:45:34 PM PDT by SuperLuminal (Where is Sam Adams now that we desperately need him)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SMARTY

Problem is only the taxpayers get hit. It should come from the politicians pocket that allowed it to happen.


14 posted on 10/26/2020 1:48:26 PM PDT by Keyhopper (Indians had bad immigration laws)
[ Post Reply | Private Reply | To 6 | View Replies]

To: karpov
... a demand for compensation under the Takings Clause of the Fifth Amendment

Brilliant...and when property owners in Seattle win - this should spread to other democrat hellholes looted and burned by Biden voting thugs.

15 posted on 10/26/2020 1:51:40 PM PDT by GOPJ (*HunterÂ’s Laptop Matters* - - 11th_VA)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

bookmark


16 posted on 10/26/2020 1:53:07 PM PDT by GOP Poet
[ Post Reply | Private Reply | To 1 | View Replies]

To: dfwgator

If the owners voted for the mayor then the lawsuit should be dismissed.

**************

+1

Absolutely nailed it.


17 posted on 10/26/2020 1:58:52 PM PDT by Starboard
[ Post Reply | Private Reply | To 2 | View Replies]

To: Billthedrill

any damages assessed will be turned over to the city taxpayers

***********

Correct. Anarchy, looting, burning, destruction, etc. The taxpayers always get the bill for political cowardice and ineptitude. Suckers.


18 posted on 10/26/2020 2:01:41 PM PDT by Starboard
[ Post Reply | Private Reply | To 7 | View Replies]

To: Lurkinanloomin
"George Floyd died from a drug overdose."

That's not what the autopsy said. He had some drugs in his system, but not enough to kill him.

19 posted on 10/26/2020 2:02:10 PM PDT by mlo
[ Post Reply | Private Reply | To 4 | View Replies]

To: mlo

He had enough fentanyl to kill him twice.


20 posted on 10/26/2020 2:09:24 PM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents|Know Islam, No Peace-No Islam, Know Peace)
[ Post Reply | Private Reply | To 19 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-27 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson