Knick Overrules Williamson County: What Does It Mean for Eminent Domain? (On-Demand CLE)

    Knick Overrules Williamson County: What Does It Mean for Eminent Domain? (On-Demand CLE)
    CLE 90 min

    Knick Overrules Williamson County: What Does It Mean for Eminent Domain? (On-Demand CLE)

     

    In June 2019, the Supreme Court overruled its Williamson County precedent, which required that property owners, as a practical matter, must bring their Fifth Amendment takings claims against state or local governments in state courts. The Court’s new decision, in Knick v. Township of Scott, allows them to bring their inverse condemnation claims directly in federal court. Panelists who pled both sides of this case will discuss their insights into this important decision and its ramifications.

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    Since 1985, the Supreme Court’s Williamson County state-litigation requirement doctrine has been interpreted so as to make it almost impossible for local land use determinations to be challenged as regulatory takings in federal court. But, on June 21, 2019, in the case of Knick v. Township of Scott (17-647), the Supreme Court overturned (5-4) the Williamson state-litigation requirement, and held that property owners can now bypass state proceedings and immediately contest local zoning and similar constraints in U.S. district court.

    This drastic change in approach breathes new life into the Fifth Amendment’s ban on government takings of private property and will have wide-ranging impact. Indeed, it may result in injunctions against localities and monetary damages against public officials. More broadly, it readjusts the balance between private property rights and the government’s police power.

    This program was recorded at the ABA's 2019 Annual Meeting with a panel of lawyers intimately involved in Knick:

    • Brian T. Hodges, Pacific Legal Foundation, Sacramento, CA, on brief for Petitioner
    • Nicole Rinke, California Department of Justice, Sacramento, CA, submitted amicus brief on behalf of states in support of Respondents
    • Teresa Ficken Sachs, Marshall Dennehey Warner Coleman and Goggin, Philadelphia, CA, argued for
    • Respondent Township of Scott
    • Paul Utrecht, Utrecht and Lenvin, LLP, submitted amicus brief on behalf of Petitioner
    • Steven J. Eagle, Professor Emeritus, Antonin Scalia Law School at George Mason University, Arlington, VA [Moderator]

    Product Details

    Panelists

    Brian T Hodges, Nicole U Rinke, Paul F Utrecht, Steven J Eagle, Teresa Ficken Sachs

    Sponsors

    Section of State and Local Government Law

    Product Code

    CE1908SL1OLC

    Duration

    90

    Publication Date

    8/8/2019 12:00:00 AM

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