Monday April 11, 2022 – The Governor of Minnesota, Tom Waltz, issues 3 Executive Orders imposing and modifying a moratorium on residential evictions in the state. A property owner of rental units in Minnesota objected and filed an action in District Court, contending the Executive Orders violated their rights protected under the contract clause, the takings clause, the due process clauses, and the First Amendment to the U.S. Constitution as well as state law.
The District Court dismissed the case – on all three grounds and the property owner appealed to the Eighth Circuit Court. On April 5, a unanimous panel of the US Court of Appeals for the Eighth Circuit ruled that a Minnesota state eviction moratorium likely qualifies as a taking of private property requiring compensation under the Takings Clause of the Fifth Amendment.
Attorney Steven A. Leahy reviews this case for its important implications to private property rights.