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  • Kirk Hartley

SCOTUS Knocks Out Decades of Precedent, Resulting in Immediate Access to Federal Court for Takings C

Interesting times, to say the least. At the end of last week, the “conservative” block of SCOTUS overruled decades of precedent by holding that a takings claim against a state or local government can be immediately pursued in federal court rather than wading/waiting through state law processes. One also wonders what this ruling means for federal court suits against federal regulatory processes. SCOTUSblog summarizes the ruling – and dissents – in a June 22, 2019 post. The introduction is as follows:

“In its long-awaited opinion in Knick v. Township of Scott, the Supreme Court ruled on Friday that plaintiffs alleging that local governments have violated the takings clause may proceed directly in federal court, rather than first litigating in state court. The opinion overrules a 34-year-old precedent, Williamson County Regional Planning Commission v. Hamilton Bank, triggering a sharp dissent and another debate among the justices about the meaning of stare decisis. The majority opinion also rests on a reading of the takings clause—that a constitutional violation occurs at the moment property is “taken,” even if compensation is paid later—that may have consequences beyond this case.”

About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”

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