If it's authorized in the law, then it's not a Taking. One day the conservatorship will be over and the FHFA can no longer take actions in the public interest.
But, again, this is wrong and illegal. The law doesn't say that.
This is why we all have to have the same stance to fight this flawed opinion:
1st. It's the Agency's best interests but acting as conservator.
2nd. The same sentence specifies that it must be "authorized by this section". So, authorized by the conservator's powers.
This way, deplete Capital (dividend and SPS for free) is unauthorized.
Also, the dividend is barred in the FHEFSSA's Restriction on Capital Distributions.
Other themes:
-HERA mirrors the FDI Act, so Justice Alito lied stating that the FHFA conservatorship is unique. Also the phrase is "authorized by this Act", not "section", like in the FDI Act.
-The etymological definition of Incidental Power, makes clear that the actions surge as a result of the powers, that is, it must be actions that supplement the powers, not actions that contravene the powers.
PASS IT ON.
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