Minnesota High Court Defines Commandeering For Capacity Limiting Executive Order

Mealey's (May 25, 2022, 9:12 AM EDT) -- ST. PAUL, Minn. — In addressing a matter of first impression, the Minnesota Supreme Court on May 18 instructed that commandeering private property for emergency management purposes requires that the governor exercise “exclusive control” or obtain “exclusive possession” of the private property and remanded to the trial court a claim by a restaurant owner that the governor “commandeered” his hospitality businesses through emergency executive orders by imposing capacity limits for indoor dining during the COVID-19 pandemic....