Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

The Fifth Amendment Requires the Government to Pay an Owner Interest Equal to What the Owner Could Have Earned Had the Government Paid the Owner the Fair-Market Value of Their Property on the Date the Government Took the Owner’s Property

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The Fifth Amendment Requires the Government to Pay an Owner Interest Equal to What the Owner Could Have Earned Had the Government Paid the Owner the Fair-Market Value of Their Property on the Date the Government Took the Owner’s Property

Arent Fox partner Thor Hearne and associate Meghan S. Largent wrote an article, titled “The Fifth Amendment Requires the Government to Pay an Owner Interest Equal to What the Owner Could Have Earned Had the Government Paid the Owner the Fair-Market Value of Their Property on the Date the Government Took the Owner’s Property.”

In this article, the attorneys explained how the Fifth Amendment could be used to require the US government to pay back to landowners the full market value, as well as interest, for property that the government seized from landowners.

The article elaborated that the Constitution “does not give the legislative or executive branch authority to statutorily limit the amount of interest (or any other component of ‘just compensation’) which the Fifth Amendment requires the government to pay an owner when the government takes private property. And the interest an owner is due cannot be established by reference to government bonds which, by definition, are measure of the government’s costs of borrowing money—not a measure of the owners’ loss of use of the funds over the relevant period.”

To read the article, click here.

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