77. Jay Small on the National Eviction Moratorium as a Potential Taking

Eminent domain attorney Jay Small of Mateer Harbert in Orlando joins the podcast to discuss the Supreme Court case Alabama Association of Realtors vs. Department of Health and Human Services. We discuss whether this case opened the door to challenging the moratorium as a compensable taking, and Jay brings a prescient analysis of the opinion. We also discuss the Court’s citation of Loretto, the shift of economic risk to landlords, as well as what Jay notes is a curious omission of Yee v. City of Escondido.

SCOTUS Opinion: https://www.supremecourt.gov/opinions/20pdf/21a23_ap6c.pdf

Jay’s blog post on the opinion: https://mateerharbert.com/did-the-supreme-court-greenlight-takings-claims-after-striking-the-eviction-moratorium/

Jay’s Book Recommendations:
The Mystery of Capital – Hernando de Soto
The Color of Law - Richard Rothstein
Land – Simon Winchester
Moby Dick – Herman Melville
Blood Meridian – Cormac McCarthy
Heart of Darkness – Joseph Conrad

Please share your thoughts on the show or this episode with me.  I’m on Twitter @J_Clint.  If you have thoughts about future show guests or ideas for episodes, please let me know.