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Can the United States Seize Russian Frozen Assets to Aid Ukraine?

The Lawfare Podcast

CHAPTER

Do You Have to Transfer All Your Assets Back to the United States?

Foreign state property can be taken under the Taking Clause, but it's unclear if that distinction is upheld in this case. The U.S. has to pay Ukraine back one-to-one; you're not actually getting much if you're just festing it in the United States at that point. Other things that you wouldn't think of normally as just private property do triggers to Taking's Clause obligations if they were to be taken.

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