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The Property Rights Argument is Gaining Force

By Corey Rayburnyung

After the Georgia takings case was decided, I downplayed the importance of the decision.  I felt that the takings arguments only applied to a limited number of cases under a few statutes.  However, two more state courts have issued decisions in line with the Georgia ruling.  In Ohio, the Supreme Court ruled that the statute should not be construed to apply retroactively and, therefore, didn't have to reach the takings issue.  From the press release (HT: Sentencing Law & Policy):The Supreme Court of Ohio held today that, because a 2003 state law barring certain sex offenders from residing within 1,000 feet of a school does not expressly provide that its provisions apply retrospectively, the statute does not apply to an offender who bought his home and committed his crime before the law took effect...continue to full post

Full post as published by Sex Crimes on February 20, 2008 (boomark / email).