Aug

    Knick Overrules Williamson County: What Does It Mean for Eminent Domain?

    5:30 PM EDT

    BREAKING NEWS: 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.

    Select your state to learn more about the credit details and status of CLE application.

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      12/30/2022

    1.50 total credit hours including

    • General

      Status:

      Available for credit

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Available for credit

      1.50 credit hours

      Available until:

      08/07/2021

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2020

    1.50 total credit hours including

    • Substantive Law

      Status:

      Available for credit

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2022

    2.00 total credit hours including

    • General

      Status:

      Applied for

      2.00 credit hours

      Available until:

      12/30/2021

    1.50 total credit hours including

    • General

      Status:

      Available for credit

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2021

    1.50 total credit hours including

    • General

      Status:

      Self apply

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Self apply

      1.50 credit hours

      Available until:

      02/07/2021

    1.80 total credit hours including

    • General

      Status:

      Self apply

      1.80 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2021

    1.50 total credit hours including

    • General

      Status:

      Self apply

      1.50 credit hours

      Available until:

      08/07/2024

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2021

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for upon completion

      1.50 credit hours

      Available until:

      08/07/2020

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for upon completion

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for upon completion

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2021

    1.50 total credit hours including

    • General

      Status:

      Self apply

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Self apply

      1.50 credit hours

      Available until:

      08/07/2022

    1.80 total credit hours including

    • General

      Status:

      Self apply

      1.80 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2022

    1.80 total credit hours including

    • General

      Status:

      Approved

      1.80 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Self apply

      1.50 credit hours

      Available until:

      08/07/2021

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Available for credit

      1.50 credit hours

      Available until:

      08/07/2022

    1.80 total credit hours including

    • General

      Status:

      Reciprocity

      1.80 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2024

    1.50 total credit hours including

    • Areas of Professional Practice

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      12/30/2020

    2.00 total credit hours including

    • General

      Status:

      Applied for

      2.00 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • Substantive

      Status:

      Available for credit

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2021

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2021

    1.50 total credit hours including

    • General

      Status:

      Available for credit

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Self apply

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      10/30/2021

    1.50 total credit hours including

    • Law & Legal Procedure

      Status:

      Applied for

      1.50 credit hours

      Available until:

      08/07/2024

    1.80 total credit hours including

    • General

      Status:

      Approved

      1.80 credit hours

      Available until:

      08/07/2022

    1.50 total credit hours including

    • General

      Status:

      Approved

      1.50 credit hours

      Available until:

      08/07/2020

    1.50 total credit hours including

    • General

      Status:

      Self apply

      1.50 credit hours

      Available until:

      08/07/2022

    $150
    NON-MEMBERS
    $100
    MEMBERS
    $75
    SECTION MEMBERS
    Register Now *Additional discounts may apply at checkout

    Log In to view your rate

    Join now to receive additional discounts
    Join and Buy – NOW

    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 is airing live from the ABA's Annual Meeting - join us for this unique event and hear all about this new development from our 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 & Goggin, Philadelphia, PA, 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]

    Event Details

    Duration

    90

    Format

    Web

    Date

    Aug 08, 2019

    2019-08-08T17:30:00-04:00 2019-08-08T19:00:00-04:00 Knick Overrules Williamson County: What Does It Mean for Eminent Domain?

    BREAKING NEWS: 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.

    Sponsors

    Section of State and Local Government Law

    Panelists

    Brian T Hodges

    Nicole U Rinke

    Paul F Utrecht

    Teresa Ficken Sachs

    Moderators

    MCLE Information

    The ABA will seek 1.50 CLE general credit hours in 60-minute-hour states, and 1.80 general credit hours of CLE credit for this program in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.

    View - MCLE Details

    Related Products

    Related On-Demand CLE