December 20, 2019

Knick v. Township of Scott: A procedural boost for takings claimants

John Echeverria

On June 21, 2019, the U.S. Supreme Court ruled in Knick v. Township of Scott, Pennsylvania, ___ U.S. ___, 139 S. Ct. 2162 (2019) (Knick) that a property owner suing a city or town under the Takings Clause of the Fifth Amendment can file her lawsuit in federal district court, jettisoning the Court’s long-standing rule that a taking claim against a local government must be filed, at least in the first instance, in state court.

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