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W. Mich. U. Cooley Review
[Vol. 36:1
of development on land along the coast.50 This meant that Lucas could not build on his land. Ultimately, the Court held that a taking occurs when a regulation removes all economical use of the property.51 The Court noted, however, that use of the police power to prevent owners from committing a nuisance was not a taking, nor was the police power prohibited from acting if the injury was a part of title upon the landowners purchase of the land under state law because the right to commit a nuisance is not a right given in the bundle of sticks to property owners.52 Tahoe-Sierra Pres. Council v. Tahoe Reg’l Planning Agency limited Lucas by holding that a temporary taking, even if it prevented all economical use of the property, was not a taking that required just compensation.53 The Court relied on the Penn Central factors, instead of creating a new rule when it came to temporary takings.54 The Court also did not give a definition of what is temporary but stated that “any moratorium that lasts for more than one year should be viewed with special skepticism.”55 With these major changes in takings jurisprudence, a more defined balance between government actions and the rights of private property owners has been outlined. With a new medical emergency taking its toll on the United States, the claims brought today will be analyzed under a more expansive and developed takings jurisprudence than was applied to cases described in Section II. IV. COVID-19 In late January 2020, COVID-19, also known as the Coronavirus, appeared within the United States.56 Efforts were made to slow the 50
Id. at 1007. Id. at 1030-31. 52 Id. at 1026-27. 53 See generally Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 535 U.S. 302 (2002) (holding that a 32-month moratorium on development was not a taking that required just compensation). 54 Id. at 342. 55 Id. at 341. 56 Erin K. Stokes et al., Coronavirus Disease 2019 Case Surveillance- United States, January 22-May 30, 2020, Centers for Disease Control and Prevention (June 19, 2020), https://www.cdc.gov/mmwr/volumes/ 69/wr/mm6924e2.htm. 51
