On Friday, the U.S. Supreme Court issued its opinion in Knick v. Township of Scott, in which the Court ruled that a plaintiff in a takings claim need not first exhaust state-court remedies before bringing the claim before a federal court. The decision, addressing a largely procedural matter, is expected to lead to an increase in federal court litigation involving takings issues, and likely increases the chances that local governments may be required to compensate landowners where regulation devalues private property.
Continue Reading Supreme Court Rules That Takings Claims Can Be Brought In Federal Court, Reversing 30-Year-Old Precedent
Court Requires Notice of Decision to Declare Property “Blighted” under State Law
In the latest installment of an ongoing eminent domain controversy between the City of Glendale and the owner of Authentic Persian and Oriental Rugs, the Tenth Circuit Court of Appeals ruled in favor of the landowner, holding that Glendale should have provided notice of its “blight” determination affecting the landowner’s property, even though such notice is not required under applicable state law. The feud made headlines a few years ago when the landowner, who owns six acres that have been carved out of the area contemplated for “Glendale 180” Riverwalk, accused the City of repeatedly denying redevelopment applications for its property, then creating its Downtown Development Authority to condemn the property after negotiations to purchase the property fell through.
Continue Reading Court Requires Notice of Decision to Declare Property “Blighted” under State Law
U.S. Supreme Court To Review New Takings Case—Will It Become Easier To File Takings Claims In Federal Courts?
Last week, the U.S. Supreme Court granted a petition for certiorari in the case of Knick v. Township of Scott. In Knick, the Court is being asked to re-examine its 30-year-old doctrine requiring takings claimants to exhaust state court remedies before filing a claim for just compensation stemming from a regulatory taking in federal court. The decision to grant the petition indicates that at least four justices agree that it’s time to consider eliminating procedural hurdles created by the Court’s 1985 decision in Williamson County Regional Planning Commission v. Hamilton Bank.
Continue Reading U.S. Supreme Court To Review New Takings Case—Will It Become Easier To File Takings Claims In Federal Courts?
U.S. Supreme Court Finds No Regulatory Taking in Wisconsin Case
In a 5-4 decision announced today, the U.S. Supreme Court held that Wisconsin could prohibit development of a subdivision lot—while allowing development on an adjacent lot owned by the same family—without paying just compensation. The Court’s decision is a victory for states and local governments and a loss for property rights advocates.
Continue Reading U.S. Supreme Court Finds No Regulatory Taking in Wisconsin Case
Cert Petition Asks U.S. Supreme Court to Reconsider Williamson County Doctrine
Last month, a petition for writ of certiorari was filed with the U.S. Supreme Court, asking the Court to revisit a 30-year-old doctrine that makes it difficult for private landowners to bring inverse condemnation and regulatory takings claims.
Continue Reading Cert Petition Asks U.S. Supreme Court to Reconsider Williamson County Doctrine