Land Use & Property Rights
Knick v. Township of Scott, Penn. argued before the US Supremes this week is eminent domain and tort reform all in one.
The question is- do property owners have to exhaust all state courts for remedies before they being a case in federal court.
If the answer by the Supremes is No, then say adieu to Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. This is the case you hear about in evry legislative debate about eminent domain.
Why would Williamson County be overruled? Because no other consitutional rights require remedy exhaustion in state courts. + a love property rights is en vogue
Above the Law | This Takings Case Has Nothing To Do With The Wall, But Still
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