Takings in Disguise: The Inequity of Public Nuisance Receiverships in America’s Rust Belt

Since they were created in the 1980s in Cleveland, Ohio, public nuisance receiverships have spread across the American Rust Belt. This Note critically analyzes the legal implications of public nuisance receiverships, which involve the intrusion onto private property for public purposes. Despite claims that these actions align with exceptions to due process or public nuisance principles, a deeper examination reveals their fundamental nature as government takings of private property. This Note dissects the legal framework within the context of the Fifth Amendment, debunking the applicability of the public nuisance exception, establishing that receiverships constitute takings, and highlighting conflicts with Anti-Kelo amendments. Additionally, this Note contrasts various state statutes’ approaches and proposes a solution that preserves the benefits of receiverships while addressing their challenges. By emphasizing community involvement and exploring funding mechanisms, the article aims to foster equitable neighborhood redevelopment within a legally sound framework