News & Analysis as of

Takings Clause Just Compensation Inverse Condemnation

Nossaman LLP

City Imposed Penalty of One-Year Building Moratorium Does Not Constitute a Taking

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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

Nossaman LLP

Summary of Major Eminent Domain Cases & Legislation: January 1, 2022 - May 31, 2022

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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

Nossaman LLP

Businesses Shut Down by COVID-19 Regulations May Not Bring Inverse Condemnation Claims

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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

Nossaman LLP

“Futility Exception” Satisfies the Ripeness Requirement for Inverse Condemnation Claims

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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

Spilman Thomas & Battle, PLLC

Mitigating the Risk of Loss of a Delinquent Collateral Asset in the Era of Autonomous Zones

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

Nossaman LLP

Government’s Enforcement of Development Plan Conditions is Not a Taking

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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

Nossaman LLP

There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road

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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

Spilman Thomas & Battle, PLLC

COVID-19 and Governmental Closures and Seizures Without Compensation? Condemnation or Reverse Condemnation? What Can You Do?

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

Tonkon Torp LLP

Property Owners Win Big Battle In Supreme Court Decision On Regulatory Takings

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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

Miller Starr Regalia

Unwinding The “Preclusion Trap”—Knick v. Township Of Scott Upends Thirty Years Of Federal Takings Precedent

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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

Best Best & Krieger LLP

High Court's Knick Ruling May Hinder Calif. Public Agencies

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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

McNees Wallace & Nurick LLC

How The Recent U.S. Supreme Court Case Of Knick v. Township Of Scott Could Be Buying Everyone More Trips To The Federal Courthouse

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

Roetzel & Andress

U.S. Supreme Court Decides Landmark Condemnation Case In Favor Of Property Owners

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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

Sheppard Mullin Richter & Hampton LLP

Supreme Court Takes Back Takings: Knick v. Township of Scott

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

Womble Bond Dickinson

U.S. Supreme Court Overturns State-Litigation Requirement For Takings Claims, Providing Landowners With A Direct Path To Federal...

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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

Burr & Forman

Supreme Court Opens Federal Courts to Takings Claims by Private Property Owners against State and Local Governments

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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

Pierce Atwood LLP

Important U.S. Supreme Court Decision on Regulatory Takings

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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

Clark Hill PLC

US Supreme Court Allows Greater Access to Federal Courts for Taking Cases

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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

Perkins Coie

U.S. Supreme Court’s Knick Cemetery Decision Buries Williamson—Takings Claimants May Go Directly to Federal Courts

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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

Jackson Walker

SCOTUS Decision: Property Owners Can Bring Takings Claims Straight to Federal Court

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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

Husch Blackwell LLP

Property Owners May Now Bring Takings Claims Directly To Federal Court

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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

Faegre Drinker Biddle & Reath LLP

Open for Business: Supreme Court Opens Federal Courts to Fifth Amendment Takings Claims

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

Alston & Bird

Supreme Court Ruling Could Dramatically Change the Playing Field for Takings Claims

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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

Perkins Coie

Knick’s Cemetery Decision Buries Williamson - Supreme Court Rules that the Takings Clause Provides Access to the Federal Courts

Perkins Coie on

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

Allen Matkins

SCOTUS Rules that Landowners Have Clear Path to Federal Court for a Taking of Real Property Interests

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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

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