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Monday, October 30, 2023 12:48:38 PM
Your assertion assumes that shareholders actually held (and/or hold) property.
But shareholders have held no cognizable property since the passage of HERA in 2008, thus shareholders can not sustain a valid takings claim. See page 68, and remember that after losing their takings case on 2/22/22, shareholder plaintiffs (Fairholme Funds, et al.) appealed to SCOTUS under a Writ of Certiorari —and SCOTUS *declined to hear their case*.
https://cafc.uscourts.gov/opinions-orders/20-1912.OPINION.2-22-2022_1911455.pdf
Note that subsequent to this case, Brydon Fisher’s property takings case was dismissed based squarely on Fairholme Funds; he is now appealing that dismissal. His case is to my knowledge the last and only remaining shareholder Takings case.
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