Saturday, June 21, 2008

How to stop a lien

I recommend Richard Epstein's Supreme Neglect for anyone interested in property rights and looking for fascinating examples of how far the government will go to avoid a takings claim.

My favorite case he describes is Armstrong v. United States. Essentially, the U.S. had purchased boats to use for the Navy. But there were actually still liens on the boats, the U.S. hadn't fully purchased them yet. So what does the U.S. do? Sails the boats out of the state, thereby ending the lien. Really, the government just set sail for international waters.

Most of the cases are the same as the one's we covered in Property, except Epstein explains the correct result the Court should have reached. I was most interested in the sections where he expands the application of takings to rent control, intellectual property, and of course, all taxes.

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