High court weighs compensation for business restrictions

Jan 13, 2021

SANTA FE, N.M. (AP) — The New Mexico Supreme Court is scheduled to hear oral arguments as it weighs whether the state must compensate businesses for losses from temporary closures or other public health emergency restrictions.

Oral arguments were scheduled for Wednesday before the five-member court. A coalition of businesses says pandemic restrictions have effectively seized private property from businesses that might otherwise have taken their own precautions against the spread of COVID-19.

Their lawsuit characterizes the state’s public health emergency orders as regulatory taking that merits compensation to businesses. New Mexico Gov. Michelle Lujan Grisham’s administration says property rights come with limitations concerning the safety of others.