Ariyan Incorporated, dba Discount Corner, et al. v. Sewerage & Water Board of New Orleans, et al.
Takings FifthAmendment DueProcess Privacy JusticiabilityDoctri
May the government, consistent with the Fifth and Fourteenth Amendments' self-executing command of Just Compensation for takings of private property, indefinitely delay paying just compensation?
QUESTION PRESENTED A fundamental element of just compensation is “certain payment of the compensation without unreasonable delay.” Bragg v. Weaver, 251 U.S. 57, 62 (1919). In 20138, the Sewerage & Water Board of New Orleans inversely condemned the properties of 70 home and business owners for a flood control project. The property owners obtained state court judgments starting in 2018. Louisiana law prohibits enforcement of judgments against state and local governments— even just compensation judgments—which go unpaid unless government voluntarily appropriates the funds. The Sewerage Board has refused to do so, in some cases for years. The question presented is: May the government, consistent with the Fifth and Fourteenth Amendments’ self-executing command of Just Compensation for takings of private property, indefinitely delay paying just compensation?