Is a business temporarily closed by order of the government entitled to compensation? Two groups of plaintiffs have petitioned the U.S. Supreme Court hoping not just for a “yes” but an overhaul of a half-century of regulatory takings doctrine. The United States Constitution prohibits the government from “taking” property without payment of compensation. That creates
takings
Supreme Court Rules That Takings Claims Can Be Brought In Federal Court, Reversing 30-Year-Old Precedent
By Otten Johnson on
Posted in Appellate, Eminent Domain, Land Use, Public Land, Real Estate Development, Real Property, Zoning
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
U.S. Supreme Court Finds Monetary Exactions, Impact Fees May Be Subject To Increased Scrutiny
By Otten Johnson on
Posted in Uncategorized
On June 25, the U.S. Supreme Court issued an opinion in the case of Koontz v. St. Johns River Water Management District with potentially noteworthy ramifications for property owners and developers. The decision provides some clarification in an area that has troubled various state and federal courts since the Supreme Court decided the duo…