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Knick: Opening the Federal Courts to Taking Claims

When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the Supreme Court decided Knick v. Township of Scott, the answer was clear: state court and only state court. Knick changed all that.

6 minute read September 01, 2019 at 03:50 AM
By
Stewart E. Sterk and Michael C. Pollack
Knick: Opening the Federal Courts to Taking Claims

When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue?

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