takings claim

Land in the fall.

Supreme Court Overrules State-Litigation Requirement for Plaintiffs Bringing Federal Takings Claims

Mollie Beth Amick*

Photo Credit: httpswww.californialandusedevelopmentlaw.com20170713supreme-court-announces-new-test-for-regulatory-takings-claims

In Knick v. Township of Scott, the Supreme Court overruled Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, which had created a de-facto state-litigation requirement for plaintiffs bringing federal takings claims. Specifically, the Court in Knick held that a property owner may proceed directly to federal court as soon as his property is taken without compensation, even if there are state remedies to provide compensation after the taking occurs.