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®
More Emerging Litigation Claims and Demands from COVID-19
Real Estate Developer Rights When Cities Demand Too Much
The Koontz Decision: Limits Conditions a Government can Impose on Developers
Supreme Court Hands Landowners a Major Victory - Nossaman's Brad Kuhn
Local government agencies sometimes enact short-term building moratoriums for certain areas to further assess changes in land use patterns or slow growth. Those moratoriums imposed across a large area usually do not...more
Facts: The property owner alleged a per se taking and inverse condemnation in the expansion of a road that increased surface and stormwater runoff flowing under the property and ultimately a sinkhole in the parking lot. The...more
For the first time, a California state appellate court has decided whether businesses may bring takings claims against the government due to COVID-19 shutdown orders. In 640 Tenth, LP v. Newsom, the California Court of Appeal...more
In order for a property owner to successfully pursue a regulatory takings claim for inverse condemnation, the owner is typically required to pursue multiple different development options, and face multiple permit denials,...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
When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...more
We routinely get calls from owners facing impacts to their property or business as a result of construction of a public project or changes in adjacent public streets. For example, the city or county may close a road, create a...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
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