January 31, 2019 Article

Justice Kavanaugh Could Be Key Vote in Inverse Condemnation Case after Reargument Ordered

The case involves the search of a property for any evidence of old gravesites.

By Joe Willis

Justice Kavanaugh may be the tie-breaking vote in a well-watched inverse condemnation case after it was ordered for reargument following his confirmation. The case of Knick v Township of Scott, Pennsylvania, No. 17-647 involved an ordinance passed that sent inspectors onto Mrs. Knickā€™s property, without her permission, to search for any evidence of old gravesites. They claimed to have found one gravesite, and Mrs. Knick was notified that she must allow the general public access across her property to the claimed gravesite or face steep fines that accrued daily. She refused and eventually sued in state court claiming, among other things, that the township had taken her property without payment of just compensation.

Premium Content For:
  • Litigation Section
Join - Now