Welcome to 'Just Compensation'
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This Week®
The unanimous opinion holds that development impact fees established through the legislative process are subject to constitutional scrutiny as potential regulatory takings. The Takings Clause of the Fifth Amendment to the...more
The Supreme Court of the United States issued two decisions on Tuesday, April 16: Rudisill v. McDonough, No. 22-888: This case concerns the interaction between two federal statutes providing up to 36 months of...more
The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more
On April 16, 2024, the U.S. Supreme Court decided DeVillier v. Texas, No. 22-913, holding that owners of property north of U.S. Interstate Highway 10 adversely affected by the flood evacuation barrier constructed by Texas...more
Last summer, I wrote a blog about why just compensation—which is based on the ‘objective’ standard of what a property would sell for on the open market—shortchanges residential property owners subjected to eminent domain. In...more
The North Carolina Chamber of Commerce is an avid advocate for the economic health and well-being of agribusiness and agriculture in the State through its lobbying efforts, resources available on its website, and through its...more
On June 21, 2019, the U.S. Supreme Court ruled in Knick v. Township of Scott, Pennsylvania, 139 S. Ct. 2162 (2019) (Knick), that private parties seeking to challenge a local government under the “Takings Clause” can now file...more
Last year, the United States Supreme Court made headlines (at least in our eminent domain world) by issuing a ruling in Knick v. Township of Scott that property owners can bypass the state courts and directly file a Fifth...more
In June, the United States Supreme Court dismantled what many considered to be an untenable “preclusion trap” in Fifth Amendment takings law when it decided Knick v. Township of Scott, Pennsylvania. The key issue in Knick was...more
In Justice Elena Kagan’s dissenting opinion in the U.S. Supreme Court takings case Knick v. Scott, she stated: “Today’s decision sends a flood of complex state-law issues to federal courts. It makes federal courts a principal...more
Did you know the right to eminent domain goes as far back as the Magna Carta? Eminent domain is hardly new news, and as such recent game changing cases regarding the subject are few and far between. The last major eminent...more
For many years, a property owner seeking compensation from a state or local government for an uncompensated property taking was relegated to filing an action for inverse condemnation in state court. In Ohio, for example, that...more
The Supreme Court recently issued its long-awaited ruling in Knick v. Township of Scott, concluding that a plaintiff alleging that local governments have violated the Takings Clause under the Fifth Amendment may seek relief...more
On Friday, June 22, 2019, in Knick v. Township of Scott, the U.S. Supreme Court overturned Williamson County Regional Planning Commission v. Hamilton Bank and, in the process, paved a direct path to federal court for...more
Every June, when the Supreme Court’s term comes to an end, a few high-profile cases generate an avalanche of media coverage. Typically, these cases involve the most contentious political issues of the day....more
The U.S. Supreme Court is finishing up its term, getting ready for its summer break, so its decisions are coming fast now. On June 21, 2019, the U.S. Supreme Court issued a surprising decision affecting regulatory takings,...more
In Knick v Scott, SCOTUS overruled precedent requiring property owners asserting takings by state or local government to exhaust state court remedies before seeking relief in the federal courts....more
The U.S. Supreme Court overturned a 34-year-old precedent established by Williamson Planning Comm’n v. Hamilton Bank, holding that landowners pursuing takings claims do not need to seek redress in state courts before pursuing...more
On June 21, 2019, the Supreme Court of the United States decided Knick v. Township of Scott, Pennsylvania, holding that a property owner is not required to first bring a takings claim in state court. Rather, “[a] property...more
Key Point- Property owners may now bring a regulatory takings or inverse condemnation claim in federal court without first exhausting state court remedies, overruling Williamson County....more
Landowners can now pursue their Fifth Amendment taking claims directly in federal court when the government takes property without paying just compensation, according to the Supreme Court in its decision in Knick v. Township...more
The Supreme Court takes down another long-standing precedent with a decision that could expose local and state government attempts at environmental regulation to greater liability in federal courts. ...more
The United States Supreme Court overturned a 34-year-old precedent established by Williamson Planning Comm’n v. Hamilton Bank, holding that landowners pursuing takings claims need not seek redress in state courts before...more
In a dramatic repudiation of 34 years of established precedent and a clear victory for private property owners, the United States Supreme Court has held in Knick v. Township of Scott, 588 U.S. ___ (2019), that a claim for a...more
Disgruntled landowners seeking to challenge state and local land use controls under the U.S. Constitution’s Takings Clause were given more options by the U.S. Supreme Court. This ruling, handed down Friday, provides...more