Resistance to Public Policies Assisting the Poor

Property owners have contested programs designed to support vulnerable populations, claiming these are unconstitutional takings of private property for public use. Despite an urgent shortage of affordable housing, growing poverty, and homelessness, state courts have mostly upheld government efforts to implement policies protecting these communities.

Government Measures Supporting Vulnerable Groups

Eviction moratoriums during the Covid-19 pandemic
State programs requiring hospitals to provide care to indigent patients

These initiatives aim to shield vulnerable populations but often trigger strong opposition from property owners.

Legal Challenges and Judicial Responses

Property owners increasingly file lawsuits against state or local governments to overturn these policies. Most cases invoke state or federal takings clauses, but courts generally reject these challenges.

The federal takings clause, located in the Fifth Amendment of the U.S. Constitution, protects private property rights by mandating government compensation when property is taken for public use. Similarly, nearly every state constitution includes its own takings provision.

Englewood Hospital & Medical Center v.

Many lawsuits based on these takings provisions have been reviewed and dismissed, reinforcing the legitimacy of policies aimed at assisting vulnerable populations in difficult economic times.

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State Court Report — 2025-11-04