Lockdowns as Takings

36 Pages Posted: 3 Apr 2020 Last revised: 28 Jul 2021

See all articles by F. E. Guerra-Pujol

F. E. Guerra-Pujol

Pontifical Catholic University of Puerto Rico; University of Central Florida

Date Written: July 21, 2021


Most official responses to the coronavirus pandemic in the United States included some sort of emergency economic suppression policy--the shutting down of non-essential business firms and economic activities--in order to promote “social distancing” and slow the spread of infection. My paper does not question the legal authority of these draconian orders but argues instead that these orders constitute takings of property. Specifically, orders that interfere with a person’s self-ownership rights in the name of protecting public health require the payment of just compensation.

Keywords: Epstein, Locke, Nozick, Property Rights, Left Libertarianism, Self-Ownership, Takings

JEL Classification: K11, K19

Suggested Citation

Guerra-Pujol, F. E., Lockdowns as Takings (July 21, 2021). Available at SSRN: https://ssrn.com/abstract=3567003 or http://dx.doi.org/10.2139/ssrn.3567003

F. E. Guerra-Pujol (Contact Author)

Pontifical Catholic University of Puerto Rico ( email )

University of Central Florida ( email )

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