November 14, 2019

November 13, 2019

Subscribe to Latest Legal News and Analysis

November 12, 2019

Subscribe to Latest Legal News and Analysis

November 11, 2019

Subscribe to Latest Legal News and Analysis

SCOTUS Overrules “State Compensation” Ripeness Requirement for Takings Claims

Today, the United States Supreme Court issued its long-awaited decision in Knick v. Township of Scott.  In a 5-4 decision, the Court overruled the requirement that property owners first pursue takings claims in state court before bringing a takings claims under the Fifth Amendment to the United States Constitution in federal court.  That requirement (known as ripeness) was established in Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172 (1985).  In the wake of Knick, property owners may now bring Fifth Amendment takings claims directly in federal court without first going to state court.  The majority opinion was authored by Justice Roberts and joined by Justices Thomas, Alito, Gorsuch, and Kavanaugh.  Justice Thomas wrote a concurring opinion.  Justice Kagan, joined by Justices Ginsburg, Breyer, and Sotomayor, dissented.

The decision in Knick v. Township of Scott is available here.

Copyright © 2019 Robinson & Cole LLP. All rights reserved.

TRENDING LEGAL ANALYSIS


About this Author

Evan Seeman Land Use Lawyer
Councel

Evan Seeman concentrates his practice in land use and zoning, real property litigation, and municipal law. He is a member of the firm’s Real Estate + Development Group, and he represents developers, landowners, municipalities, corporations, and advocacy groups.

Religious Land Use Litigation

Evan defends municipalities nationwide in cases involving the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). He advises municipalities on religious land use issues by:

  • Revising municipal zoning codes to comply with RLUIPA;
  • ...
860-275-8247