For more than three decades, most property owners have been relegated to state courts when pursuing a takings claim against a state or local agency. In a 5-4 decision issued this week, the U.S. Supreme Court reversed itself and opened the door to the federal courthouse, allowing property owners to bypass the state courts and file a Fifth Amendment takings claim in federal court in the first instance. Knick v. Township of Scott, 588 U.S. __ (June 21, 2019). What this eventually means for property owners, and the federal courts, only time will tell. However, one can reasonably assume that ...
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