March 20th, 2020 — By — In Uncategorized
Private Property Owners May Soon Find Themselves on the Front Lines of Government Efforts to Combat the Coronavirus
On March 13, 2020, President Trump declared a national emergency under the Stafford Act in an effort to combat the spread and transmission of COVID-19 (commonly referred to as the coronavirus). Relevant to property owners across the country, the Stafford Act allows the administrator of the Federal Emergency Management Agency (FEMA) to exercise the right of eminent domain to immediately acquire, not only the physical facilities it needs (like buildings and land), but also supplies, such as medicine, food, equipment, respirators, and other parts and supplies. In short, the Stafford Act gives FEMA broad eminent domain powers to take what is necessary to address this national emergency.
Below are three recent postings by OCA members concerning the potential consequences of such actions on the statutory and constitutional protections afforded property owners who may be subjected to the power of eminent domain under the Stafford Act. While we must all try to protect each other from the spread of COVID-19, it is important that those facing the potential taking of their property and property rights to fight this pandemic are properly counseled and represented by attorneys experienced in eminent domain takings. OCA lawyers are the leading eminent domain lawyers in the country who are dedicated to the defense and protection of private landowners nationwide.
Katie Gray: “Condemnation and COVID-19: When National Emergencies and Eminent Domain Collide”
Anthony DellaPelle: “Can The Covid-19 Pandemic Allow the Government to Seize My Property?”
Robert Thomas: “Emergencies, Police Power, Commandeering, And Compensation: Essential Readings”