Jenner & Block

Supreme Court Overrules Williamson County’s State-Litigation Requirement, Paving the Way for Property Owners to Bring Fifth Amendment Takings Claims Directly in Federal Court

On Friday, June 21, 2019, property owners scored a major victory with the Supreme Court’s decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019).  In a 5-4 decision, the Court held that a litigant seeking to sue a local government for violation of the Fifth Amendment Takings Clause may bring its claim in federal court without first seeking compensation in state court because “[a] property owner has an actionable Fifth Amendment claim when the government takes his property without paying for it.”

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