Resource: Is it an unconstitutional taking of property without just compensation to require sex offenders to move away from their home if a school, playground, or daycare center is established near their home after their initial occupation?

By: Joseph William Singer

July 15, 2018

Harvard University

In Mann v. Georgia Department of Corrections,653 S.E.2d 740 (Ga. 2007), the Georgia Supreme Court held that a state statute prohibiting registered sex offenders from living or working within 1,000 feet of any facility where minors congregate, see Ga. Code Åò42-1-15, constituted a taking of property as applied to a sex offender who was forced to move after a child care center opened a facility within 1,000 feet of his home.

The Seventh Circuit just came to the opposite conclusion in an opinion written by Judge Diane S. Sykes.

https://scholar.harvard.edu/jsinger/blog/conflicting-rulings-whether-it-unconstitutional-taking-property-without-just