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Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
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Supreme Court Hands Landowners a Major Victory - Nossaman's Brad Kuhn
A damaged Property Owner no longer has to exhaust administrative remedies in State Court if they wish to pursue a takings claim under the Civil Rights Act. As a result, Property Owners injured by government regulatory takings...more
On June 28, 2021, the U.S. Supreme Court decided Pakdel v. San Francisco, holding that the plaintiffs were not required to exhaust state remedies through an inverse condemnation proceeding to bring a § 1983 claim for...more
Following the death of George Floyd during his arrest in Minneapolis, Minnesota, America experienced months of civil unrest throughout the country. It was during these protests that some began to assert that civil society in...more
“No person shall ... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”...more
As first reported by our good friends at inversecondemnation.com, a lawsuit has been filed in California alleging that the response by state and county agencies to the COVID-19 situation violates the state and federal...more
In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...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
CEP Magazine (January 2020) - US law holds that, when the government seizes or damages land and does not pay compensation as required under the Fifth Amendment, the landowner must sue in court for damages. It is known as...more
On November 27, 2019, U.S. Bankruptcy Judge Dennis Montali issued a Memorandum Decision on Inverse Condemnation (“Memorandum Decision”) in PG&E Corporation and Pacific Gas & Electric’s (together, “PG&E”) Chapter 11 Bankruptcy...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
Focus - SCOTUS rules that landowners have clear path to federal court for a taking of real property interests - Allen Matkins – June 25 - In a dramatic repudiation of 34 years of established precedent and a clear...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