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Showing 5 posts in Takings Law.

Supreme Court Poised to Overrule Requirement that Takings Claims be Filed In State Court

Signaling a possible sea change in takings law, the United States Supreme Court has accepted for review the Third Circuit’s decision in Rose Mary Knick v. Scott Township, Pennsylvania,  862 F.3d 310 (3d Cir. 2017), cert. granted,  2018 WL 1143827  (March 5, 2018).  The Court will reconsider its 1985 holding in Williamson County v. Hamilton Bank, 473 U.S. 172,  that required property owners to exhaust State court remedies in order to pursue a federal takings claim. A Pennsylvania property owner is asking the Court to overrule Williamson County’s State litigation ripeness doctrine so that citizens may bring a takings claim for just compensation under the U.S. Constitution directly in federal court.  Read More ›

The Supreme Court Makes a Mess of Takings Law

On June 23, the Supreme Court finally addressed directly the frequently posed question: When considering the claimed taking of a property interest by government regulation, what is the affected property to be considered? All of one’s land?  Or the regulated parcel?  In short, what is the proper denominator?  By a 5-3 vote in Murr v. Wisconsin, Justice Kennedy wrote an opinion that will insure a generation of litigation in the lower courts on precisely the same question. Read More ›

Supreme Court Puts Its “Takings Law” Foot Down

Back on March 6, this correspondent reported on the twin takings cases of Horne v. Department of Agriculture about the raisin-growing couple Marvin and Laura Horne of California and their struggles against the U.S. government. Read More ›

California Raisins Ripening (Again) in the Supreme Court’s Sun

Takings law is complicated enough but leave it to the frequently reversed U.S. Court of Appeals for the 9th Circuit to twist it out of shape so much as to dare the Supreme Court to reverse it not just once but twice in the same case.  Guess what?  The Supreme Court recently announced it’s happy to oblige by picking up the 9th Circuit’s dare in a lawsuit pitting the U.S. Agriculture Department against a couple raising raisins. Read More ›

Supreme Court Backs Landowner in Major Takings Case

The Supreme Court yesterday expanded private property rights in a major takings case that arose from the Florida state courts. The Court held in Koontz v. St. Johns River Water Management District that not only does the Constitution’s Takings Clause apply to situations where a project is approved with “extortionate” conditions but it also applies where a project is denied because the owner refuses to accede to coercive property demands of the government. Read More ›