In Episode 81 of The Eminent Domain Podcast, Clint Schumacher is joined by Professor Emilio Longoria of St. Mary’s University School of Law. They discuss Professor Longoria’s recent article, “Lech’s Mess with the Tenth Circuit: Why Governmental Entities Are Not Exempt from Paying Just Compensation When They Destroy Property Pursuant to Their Police Powers.”
Professor Longoria gives an overview of the facts of Lech v. Jackson and explains his criticism of the court’s opinion. He also discusses where he thinks the court went wrong in its application of three key Supreme Court cases cited in the opinion.