The Fifth Amendment says that the government must pay just compensation when it takes private property for public use, a command that, regrettably, is often treated as a mere suggestion. On this episode, we take a look at a variety of gambits and flim-flammeries that let the government take property without paying for it.
Click here for episode transcript.
Resources
Gideon Kanner and Michael Berger, The Nasty, Brutish, and Short Life of Agins v. Tiburon
Recent Episodes
Needless Friction. And Treason.
On this episode: the story of Pullman abstention, the first of several abstention doctrines the Supreme Court invented to let federal judges decline to decide […]
Listen NowRooker and Feldman and Treason | Season 4, Ep. 1
Next week, the Supreme Court is going to hear a huge civil rights case that no one is talking about—because the legal issue before the […]
Listen NowIndian Country | Season 3, Ep. 14
In our final episode of the season, we head to Indian Country and survey several strands of Supreme Court precedent that prevent Native Americans from […]
Listen NowTrust But Verify | Season 3, Ep. 12
In 1973, federal narcotics agents raided a pair of homes in Collinsville, Illinois by mistake. They didn’t find any drugs, but they did terrorize two […]
Listen Now