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Thursday, August 17, 2023 5:36:59 PM
The remedy for a total takings is the value of the asset at the time of the taking or in the case of a publicly traded company the stock price at the time of the taking. Stock prices are only a reflection of the value in the market. It doesn't matter what the private value of the asset is after a taking.
Finally, someone who gets it.
In a takings case only what the property owner lost matters. What the government gains later means nothing. This is well established court precedent.
Publicly traded shares have a very clear value: the last traded price at the time of the alleged taking. That is the most value that could ever be lost by a shareholder.
All the takings cases are either dead or close to it anyway.
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