Supreme Court Asked to Review 'Police Power' Limit in Land Takings Case
reVamped LLC has asked the Supreme Court to review an Eighth Circuit ruling protecting city police powers from takings claims.
Why it matters: The case could reshape how far governments can go in regulating property without paying compensation. A Supreme Court decision may resolve circuit splits and clarify key property rights for owners and regulators.
- On Dec. 23, 2025, the Eighth Circuit sided with the City of Pipestone's use of police power.
- The court found a closure order after safety violations was not a Fifth Amendment taking.
- reVamped LLC filed a certiorari petition to the Supreme Court on April 15, 2026.
- A circuit split exists on whether police power actions can trigger compensation under the Takings Clause.
In reVamped LLC v. City of Pipestone, the Eighth Circuit held that a city-mandated closure of a hotel due to safety violations did not amount to a regulatory taking. The panel determined that the city's actions were a lawful exercise of its police power, and as such, did not require compensation under the Fifth Amendment Takings Clause.
- The controversy arose after the City of Pipestone placed reVamped's property on a 'blighted list' and ordered its closure, prompting the company to challenge the order as an uncompensated taking.
- The Eighth Circuit expressly followed precedent holding that actions taken to protect public safety and welfare—core elements of police power—generally do not give rise to takings liability. As noted by property law experts, "The city’s issuance of a closure order to reVamped after the business ended up on the city’s 'blighted list' was not a regulatory taking."
- On April 15, 2026, reVamped LLC submitted a petition for certiorari to the U.S. Supreme Court, seeking clarity on when government regulation crosses into a compensable taking—an issue that has split federal courts.
The Supreme Court has not yet indicated whether it will hear the case. The outcome could impact land use regulation and the compensation rights of property owners nationwide.
By the numbers:
- Dec. 23, 2025 — Eighth Circuit rules city hotel closure is not a taking.
- April 15, 2026 — Cert petition filed by reVamped LLC to Supreme Court.
Yes, but: The Supreme Court has not decided whether it will take up the case.
What's next: A Supreme Court decision on certiorari is pending and will determine whether the case moves forward.