Bloomberg Law
Free Newsletter Sign Up
Login
BROWSE
Bloomberg Law
Welcome
Login
Advanced Search Go
Free Newsletter Sign Up

Outer Banks County Beats Vacation Homeowners’ Covid Taking Suit

Jan. 25, 2023, 6:16 PM

A ban on non-resident property owners entering a county in North Carolina’s Outer Banks in the early days of the Covid-19 pandemic didn’t amount to an unconstitutional taking, a federal appeals court ruled Wednesday.

Joseph and Linda Blackburn’s proposed class action fails because the Dare County ban didn’t physically appropriate their beach house, the US Court of Appeals for the Fourth Circuit ruled in an opinion written by Judge Julius N. Richardson.

And though it restricted their ability to use the house, compensation isn’t required under the balancing test that determines the constitutionality of most use restrictions, Richardson said.

The ...