THE GOVERNMENT TOOK MY PROPERTY WITHOUT COMPENSATION
What many landlords don’t know is that the U.S. Constitution provides a remedy under the Fifth Amendment. When the government takes private property for public use, it must provide just compensation. That’s where “federal takings claims” come in. By freezing evictions, the government stripped landlords of their ability to control their own property. In legal terms, the CDC eviction ban “took” a core aspect of property ownership: the right to evict non-paying tenants. That gives landlords a constitutional basis to seek compensation.
BY FREEZING EVICTIONS, THE GOVERNMENT STRIPPED LANDLORDS OF THEIR ABILITY TO CONTROL THEIR OWN PROPERTY.
THESE CASES MUST BE FILED IN A SPECIAL FEDERAL COURT Eviction moratorium claims must be filed in the United States Court of Federal Claims, a court of national jurisdiction located in Washington, D.C. that handles lawsuits against the federal government. This court has jurisdiction to award money damages for the government taking private property. LAWSUIT SHOWS WHAT’S POSSIBLE FOR LANDLORDS SEEKING JUSTICE The attorneys at mctlaw are representing landlords in eviction moratorium takings cases in the United States Court of Federal Claims. Landlords represented by the firm have been forced to house non-paying tenants during the CDC’s eviction ban. Our legal team holds the federal government accountable for taking away private property rights without compensation.
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