July 2, 2020
By: Gene Tanaka and Emily Chaidez
The COVID-19 pandemic is an unprecedented modern public health and economic crisis that has resulted in extraordinary governmental responses. Since March, numerous states, cities and counties throughout the nation have issued orders to protect the health and safety of everyone and to slow community spread of the virus. These orders are wide-ranging and broadly encompass many topics, industries and individuals.
Have public agencies’ responses crossed the line into temporary takings requiring compensation by the government? Probably not. The high hurdles for temporary takings claims, coupled with the expanded police powers granted governments in public health emergencies, likely protect public agencies from most claims.
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