Linking to rebuildpinhook.wordpress.com — here’s an update on the difficulties faced by Pinhook residents (who lived in the Birds Point New Madrid spillway) as they attempt to rebuild their community after the 2011 flood…
Displaced Pinhook Residents Witness Demolition of Remaining Town Structures.
The US Supreme Court has reversed the Ninth Circuit, and found that the Fifth Amendment does in fact require just compensation when it takes personal property, just as it does when it takes real property. While parts of the decision (concerning compensation, in particular) is 5-4, on the matter of whether a taking occurred, the Court came in with an 8-1 vote. Very interestingly, the Hornes, says Chief Justice Roberts, do not have to pay a fine and then seek compensation under the Tucker Act, but may raise a takings-based defense to the fine itself. Market value is the measure for property taken through government action.
We’ll have more on Horne once we’ve been able to read and analyze the case! In the meantime, here’s the decision if you want to read it yourself: Horne v. Department of Agriculture.