"Yet governments up and down our federalist system
are continually finding ways to encroach upon
private-property rights. Rather than protect private
property, governments have conscripted property
owners into serving the state without compensation. These intrusive and unconstitutional actions include
eviction moratoria and draconian rent-control
regimes that purport to divest property owners of
long-recognized property interests. Adoption of such
laws has accelerated in recent years. See, e.g.,
Alabama Ass’n of Realtors v. Dep’t of Health & Hum.
Servs., 141 S. Ct. 2485 (2021). In light of this trend, it
is critical that the Court intervene to provide guidance
to lower courts assessing challenges to burgeoning
restrictions on private property."
"Governments at the federal, state, and local
levels have moved aggressively over the past several
years to encroach on private property rights without
even a thought of the Takings Clause. "
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