Amicus Brief: 74 Pinehurst LLC v. State of New York

Building on our previous brief that supported a constitutional challenge to New York City’s Rent Stabilization Law, better known as “rent control,” the Manhattan Institute has joined the Cato Institute on an amicus brief in this companion case.

We argue that 74 Pinehurst LLC v. State of New York again presents the opportunity to clarify the important property right “to exclude others” and reaffirm the basic principle that a subset of property owners can’t be forced to bear costs that should rightfully be borne by the public. We also suggest here that the Court should reevaluate the Penn Central test for evaluating when a regulatory taking—a regulation that decreases the value of property—is compensable.

Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here.

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