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Multifamily News
JUNE 2022
8th Circuit Court of Appeals Rules “Taking” Likely in Minnesota Landlord Eviction Moratorium Case
If the Ruling Sticks, Compensation Could be Required Under the Fifth Amendment of the Constitution
This past April, a unanimous panel of judges from the 8th Circuit Court of Appeals ruled that a Minnesota state eviction moratorium (enacted for the purpose of mitigating the COVID-19 pandemic) likely qualifies as a taking of private property requiring compensation under the Takings Clause of the Fifth Amendment. The ruling, which came in the matter of “Heights Apartments vs. Walz,” was based on, in large part, on the Supreme Court’s June 2021 decision in “Cedar Point Nursery vs. Hassid”, which held that temporary physical occupations of property qualify as “per se” takings, that automatically require compensation. Prior to the decision in the Cedar Point matter, conventional wisdom assumed that most temporary physical occupations were subject to the complicated Penn Central balancing test, under which the government had typically prevailed.
A “key” passage from the Eighth Circuit Court of Appeals ruling explains the logic behind the court’s decision:
“Whenever a regulation results in a physical appropriation of property, a per se taking has occurred...It is immaterial whether the physical invasion is permanent or temporary, intermittent as opposed to continuous, or whether the government is directly invading the land or allowing a third party to do so.”
Governor Newsom Proposes $18.1 Billion Inflation Relief Package to Help Address Inflation
Governor’s Proposal Includes $2.7 Billion for Rental Assistance:
Package proposal includes direct payments to help address costs of rising inflation and past-due water and utility bills, free public transit, money for health care workers, middle-class health care subsidies, and waiving childcare fees for families.
Governor Gavin Newsom today announced an $18.1 billion inflation relief package to assist struggling Californians. According to Governor Newsom. “This inflation relief package will help offset the higher costs that Californians are facing right now and provide support to those still recovering from the pandemic.”
The proposed inflation relief package includes:
• $11.5 Billion for Tax Refunds to Help Address High Cost of Gasoline and Inflation. Includes $400 checks to every eligible
registered vehicle owner, limited to
24 JUNE 2022 • WWW.AAGLA.ORG
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