Police and Emergency Powers: Limits on Property Rights, Scope of Authority, Takings, and Compensation
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Government
- event Date
Tuesday, September 15, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide attorneys responding to or defending emergency government actions that impact private property and liberty interests. Police powers to respond to public crises are broad but not limitless. Attorneys representing local government should anticipate challenges against local governments that allegedly overreach their authority.
Mr. Thomas is a land use and appellate lawyer, and focuses on regulatory takings, eminent domain, water rights, and voting rights cases. He has tried cases and appeals in Hawaii, California, and the federal courts.
Mr. Campbell is city attorney for the City of Avalon on Santa Catalina Island and general counsel for the Gold Coast Health Plan. He has represented cities, special districts and community colleges in hundreds of construction projects. Mr. Campbell heads BB&K's Municipal Law practice group.
Mr. Jarret is a Tennessee Attorney, Federal District Court Mediator, and Arbitrator, and Rule 31 Listed Civil Mediator who has been practicing public sector law for over twenty-two years. He has served as chief legal counsel for three different public entities and has practiced before the Tennessee Supreme Court, federal courts, and lower state courts in Tennessee and Florida. Prior to relocating to E. Tennessee, he served Polk County, Florida, a charter form of government with a population 554,000, as its County Law Director. He is a former Manatee County, Florida, (population 316,700) Deputy County Law Director, during which time he also served as the County's risk and insurance manager. He is the former Chief Counsel/Managing Attorney for the Hardee County, Florida Office of the 10th Judicial Circuit State Attorney during which time he prosecuted violent felonies and litigated matters before the Florida Governor and his Cabinet. He served on the Florida Governor's Disaster Task Force, was an instructor for the Florida Sheriff's Academy and served several Florida universities as an adjunct instructor. He publishes frequently on behalf of several public administration and risk management publications. He is a former active duty United States Army Armored Cavalry Officer and Air Force Special Agent with services overseas.
State and local governments under government police powers in time of emergency are taking unprecedented actions to protect people and property in response to the worldwide health crisis and civil unrest. Enforcing emergency measures is a difficult task, and many businesses and individuals are challenging their legitimacy and enforceability through disobedience and litigation, including class actions. Counsel must understand the scope of emergency powers and be prepared to defend local governments from lawsuits.
Furthermore, if a city or county has exceeded the scope of its authority, it may in certain circumstances be subject to claims of compensation from affected parties. Laws against raising or changing rent, evictions, and foreclosures and requiring loan forbearances and businesses to close can result in claims of compensable takings. Governments must also bear in mind the impact of such restrictions on sources of government revenue.
When the government places restrictions and requirements on people, different due process concerns and questions arise. These regulations and orders are generally subject to a deferential review, and counsel will need to advise government officials about which interests are subject to greater scrutiny and how to avoid costly mistakes.
Listen as this experienced panel discusses emergency and police powers in times of crisis, determining when the scope of authority is excessive, and responding to legal challenges to government authority.
- Overview of police powers of local governments in crisis
- Health and welfare
- Civil order
- Impact of state mandates on local governments
- Regulatory takings
- Defending government conduct
- Property
- Personal restrictions
- Best practices to avoid overreaching
The panel will review these and other issues:
- How far can the police power be stretched to protect the public?
- When does the diminution of existing property rights require compensation?
- Can local governments respond to a crisis without delegated authority or in defiance of state mandates?
- What rights do property owners/landlords/tenants have to privately respond in times of crisis?
