Police and Emergency Powers: Limits on Property Rights, Scope of Authority, Takings, and Compensation

Description

State and local governments under government police powers in time of emergency are taking unprecedented actions to protect people and property in response to the worldwide health crisis and civil unrest. Enforcing emergency measures is a difficult task, and many businesses and individuals are challenging their legitimacy and enforceability through disobedience and litigation, including class actions. Counsel must understand the scope of emergency powers and be prepared to defend local governments from lawsuits.

Furthermore, if a city or county has exceeded the scope of its authority, it may in certain circumstances be subject to claims of compensation from affected parties. Laws against raising or changing rent, evictions, and foreclosures and requiring loan forbearances and businesses to close can result in claims of compensable takings. Governments must also bear in mind the impact of such restrictions on sources of government revenue.

When the government places restrictions and requirements on people, different due process concerns and questions arise. These regulations and orders are generally subject to a deferential review, and counsel will need to advise government officials about which interests are subject to greater scrutiny and how to avoid costly mistakes.

Listen as this experienced panel discusses emergency and police powers in times of crisis, determining when the scope of authority is excessive, and responding to legal challenges to government authority.