Kerkman & Dunn
kerkmandunn.com › home › blog › can the government lawfully seize business property?
Can the Government Lawfully Seize Business Property? - Kerkman & Dunn
December 3, 2024 - The power of the government, whether federal, state, or local, to take private property for the public “good” is granted within the United States Constitution’s Fifth Amendment. It is an old concept which predates our country, originating from English common law.
Institute for Justice
ij.org › home › issues › private property › eminent domain
Eminent Domain - Institute for Justice
April 24, 2026 - Eminent Domain is defined as the power of the government to take away someone’s private property for public use, with “just compensation.”
Would it actually be legal for the federal government of the United States to force the Chinese government to give up/sell Smithfield Farms to the US government or a US company if the US deemed it pertinent to "US national security"?
There's no law governing both countries, no authority to appeal to. The US can make selling the company a condition of doing business in the US. The Chinese owner can refuse and lose access to a market of 330 million people, the third-largest and wealthiest market in the world. If the company is acting purely in self-interest, the smart thing to do is sell and get money out of it. More on reddit.com
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November 11, 2023united states - Do governments need to compensate business owners if they temporarily force a business closure? - Law Stack Exchange
If the government (let's say in the US or EU) prohibit businesses engaging in an otherwise legally compliant enterprise, do it need to compensate the business owners for that? Assuming that's for e... More on law.stackexchange.com
Can a State or the Federal Government buy out a publicly owned company?
This subreddit is for civil discussion; political threads are not exempt from this. As a reminder: Do not report comments because they disagree with your point of view. Do not insult other users. Personal attacks are not permitted. Do not use hate speech. You will be banned, permanently. Comments made with the intent to push an agenda, push misinformation, soapbox, sealion, or argue in bad faith are not acceptable. If you can’t discuss a topic in good faith and in a respectful manner, do not comment. Political disagreement does not constitute pushing an agenda. If you see any comments that violate the rules, please report it and move on! I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns. More on reddit.com
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June 24, 2022Should State and/or Federal government be able to shut down business for crime rate?
For a grocery store? No it should be on governments to fight crime not local businesses. You can maybe make the argument if it’s a bar or something that is actually contributing to higher rates of crime sure. People need grocery stores though. More on reddit.com
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April 16, 2024Can businesses use the First Amendment to challenge regulations?
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upcounsel.com
upcounsel.com › business-constitutional-rights
Check out this article...How the Constitution Shapes Business Law: ...
What is the Contract Clause, and why does it matter for businesses?
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upcounsel.com
upcounsel.com › business-constitutional-rights
Check out this article...How the Constitution Shapes Business Law: ...
How does the Supremacy Clause affect state business regulations?
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upcounsel.com
upcounsel.com › business-constitutional-rights
Check out this article...How the Constitution Shapes Business Law: ...
Constitution Center
constitutioncenter.org › the-constitution › amendments › amendment-v › clauses › 634
Interpretation: The Fifth Amendment Takings Clause | Constitution Center
The Takings Clause of the Fifth Amendment to the United States Constitution reads as follows: “Nor shall private property be taken for public use, without just compensation.” In understanding the provision, we both agree that it is helpful to keep in mind the reasons behind it.
Reddit
reddit.com › r/legaladviceofftopic › would it actually be legal for the federal government of the united states to force the chinese government to give up/sell smithfield farms to the us government or a us company if the us deemed it pertinent to "us national security"?
r/legaladviceofftopic on Reddit: Would it actually be legal for the federal government of the United States to force the Chinese government to give up/sell Smithfield Farms to the US government or a US company if the US deemed it pertinent to "US national security"?
November 11, 2023 -
Smithfield is one of the largest producers of pork/pig in the United States, but, apparently they are owned by a foreign (Chinese) company, would it be legal for US federal government to force sale of it to US company or US govt is USA govt thought Chinse government was using it for spying/etc?
Laws101
laws101.org › home › news › can the government close a business?
Can the Government Close a Business? - Laws101
January 4, 2026 - Here’s what you need to know. The short answer is – yes, it can. So, any allegations asserting that the measures taken by the government are against the law are wrong and misinformed.
Sever Walker Padgitt
landownerattorneys.com › home › blog › can the government take my business under eminent domain?
Can the Government Take My Business Under Eminent Domain? - Sever Walker Padgitt
May 15, 2024 - You may realize that the government does, at times, take the homes of landowners in order to make way for new public or commercial developments under the concept of eminent domain.1 However, many
UpCounsel
upcounsel.com › business-constitutional-rights
Check out this article...How the Constitution Shapes Business Law: Key Examples
However, there are many ways that these rights also affect businesses. The Bill of Rights lays out what rights the government cannot take away from citizens, and in many ways, these rights apply to companies that citizens own.
Published: September 24, 2025
Kaiser PLLC
kaiserlaw.com › home › blog › what do you do when you’re doing business with someone the u.s. government decides is an enemy? for some u.s. citizens, the answer may be to sue the government
What Do You Do When You’re Doing Business with Someone the U.S. Government Decides Is an Enemy? For Some U.S. Citizens, the Answer May Be To Sue the Government | Kaiser PLLC
March 10, 2026 - Then, one day, you wake up and turn on the news and find out that the U.S. government has decided to sanction a country where your main customer base is located, or a group or individual you’ve heard has ties to a lot of your business partners.
William & Mary Law School
scholarship.law.wm.edu › cgi › viewcontent.cgi pdf
NATIONALIZATION AND NECESSITY: TAKINGS AND A DOCTRINE OF ECONOMIC EMERGENCY
fundamental nature of what the government does in this situation— · as an aberration or as an extension of the fabric of takings doctrine? It is to that question we now turn. III. A DOCTRINE OF ECONOMIC EMERGENCY · Shifting our focus, then, nationalization—even without compensat- ing shareholders—for firms whose failure would significantly threaten
UC Davis School of Law
law.ucdavis.edu › faculty-blog › yes-states-and-local-governments-can-close-private-businesses-and-restrict-your
Yes, states and local governments can close private businesses and restrict your movement | School of Law
October 9, 2024 - Can the state tell your favorite local restaurant to close, or tell you that you must stay at home unless it’s absolutely necessary to leave, because of an emergency? The governors of New York, New Jersey and Connecticut have closed down bars, movie theaters and dine-in restaurants.
The Guardian
theguardian.com › business › 2021 › nov › 07 › eminent-domain-small-business-owners
Eminent domain: can small-business owners beat the government? | US small business | The Guardian
November 7, 2021 - According to an investigation by the Texas Tribune and ProPublica, it seems that Texas, because of its growth, has been ground zero for eminent domain cases – and abuses over the past decade. The investigation found that “homeland security cut unfair real estate deals, secretly waived legal safeguards for property owners, and ultimately abused the government’s extraordinary power to take land from private citizens”.
U.S. Chamber of Commerce
uschamber.com › economy › can-the-government-nationalize-business
Can the Government Nationalize a Business? | U.S. Chamber of Commerce
March 8, 2024 - The question remains: How do we reconcile the rights of businesses in our free enterprise economy with the interests of taxpayers in stabilizing businesses in a financial crisis? As Fannie and Freddie prove, this is not a one-time dilemma unique to AIG. Indeed, these critical questions may come before the Supreme Court if it chooses to review the Starr International case.
Cato
cato.org › cato-handbook-policymakers › cato-handbook-policymakers-9th-edition-2022 › property-rights-constitution
Property Rights and the Constitution | Cato Institute
December 20, 2022 - Second, when government acts under its police power to secure rights—when it stops someone from polluting, for example, or from excessively endangering others—the restricted owner is not entitled to compensation, whatever his financial losses, ...
Investopedia
investopedia.com › terms › e › expropriation.asp
Understanding Expropriation: Definition, Purposes, and Compensation
April 27, 2026 - It is generally recognized that events that threaten public health, such as toxic environmental contamination of an area, justify the government acting to relocate the affected population in the area, and part of that action may logically entail ...
Brennan Center for Justice
brennancenter.org › our-work › research-reports › presidents-extraordinary-sanctions-powers
The President’s Extraordinary Sanctions Powers | Brennan Center for Justice
February 23, 2024 - What being designated under a sanctions ... — but also, and most significantly, corporate persons, cannot do business with people who are on this sanctions list....
Quora
quora.com › Can-a-government-take-over-a-public-or-private-company
Can a government take over a public or private company? - Quora
Answer (1 of 3): As Ken Larson points out, the government can purchase publicly-held companies by buying a controlling interest of their shares. It's arguably not the business the government should typically be in, but it may sometimes be necessary, Now, "take over" implies doing it against the...
MoloLamken
mololamken.com › knowledge-Does-the-Takings-Clause-of-the-U-S-Constitution-Require-the-Government-to-Compensate-Businesses-for-Forced-Temporary-Closures
Does the Takings Clause of the U.S. Constitution Require the Government to Compensate Businesses for Forced Temporary Closures?: MoloLamken LLP (ML) Law Firm / Attorneys
The restrictions could last so long that businesses are forced to shutter indefinitely or must declare bankruptcy. In those instances where government restrictions render a business economically valueless, the argument that a taking has occurred ...
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No
Always assuming that the government has operated within the limits of its powers or, at least, that if they have exceeded those powers the excess was in good faith.
First, there is the issue of sovereign immunity. Basically, a government can be held liable only when it consents to be held liable. Most governments never waive this with respect to their lawmaking powers because they have to be able to make laws in what they see as the public interest without fear of litigation. See, for example, cases on plain paper packaging of cigarettes.
Second, most governments have the power to regulate commerce and to deal with public emergencies. There is an issue which comes up in Federations about which government has the power but even if a law is invalid, it does not follow that compensation is payable. It certainly isn’t if the law is valid.
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This will depend on the details of the constitution. Generally, governments reserve sweeping powers for use in emergencies, often without automatic compensation.
In Germany, one of the EU countries you mentioned, the legal remedy for someone who feels unjustly singled out by a lockdown measure is to file a lawsuit against the measure, not to send a bill for the economic losses. At the same time, the government did decide to pay some compensation for some losses, but that was something between welfare and economic stimulus.
TIME
time.com › ideas › business › the danger of trump seizing private companies
The Danger of Trump Seizing Private Companies
March 30, 2026 - The Trump Administration's stake in companies like Intel threatens America’s capitalist system.
Cato
cato.org › restoring-free-enterprise › american-free-enterprise-under-attack
American Free Enterprise Is Under Attack | Cato Institute
2 weeks ago - But they’ll do so by taking finite funds away from productive, well-performing alternatives, including in the very same industries. In the end, research shows that this kind of capital misallocation inevitably means lower productivity, weaker growth, and a smaller, less vibrant economy even if state-backed champions don’t fail—something the government might not let happen. The second problem is that the government will dictate the routine business decisions of the firms it owns—as we’ve already seen with U.S.