In Knick v. Township of Scott, the Supreme Court will consider overturning a 33-year old precedent that prevents property owners from filing federal “takings” claims against state and local governments in federal court. The case arose when Scott Township, a small town in rural Pennsylvania, passed an ordinance that imposed a public easement on Rose Knick’s private farm. But the Town did not pay Ms. Knick just compensation or acknowledge that it had taken her property. Instead it threatened her with daily fines.
When Ms. Knick tried to protect her property rights in state court, the state court held that it could not hear her case until the town brought civil enforcement proceedings against her. So Ms. Knick filed a takings claim in federal court. But that court dismissed her claim as unripe, because of a 1985 decision, Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, in which the Supreme Court held that a federal takings claim against state or local government is not ripe until after the property owner pursues a takings claim in state court.
But in 2005, in San Remo Hotel v. City and County of San Francisco, the Supreme Court held that once litigated in state court, the full faith and credit statute bars federal courts from hearing the related case. In other words, the very action that ripens a federal takings claim also destroys the claim. In short, Williamson County closed the federal courthouse doors to federal takings claims against state and local governments. Will Knick open those doors once again?
Christina Martin is an attorney with the Pacific Legal Foundation and is co-counsel and second chair for Rose Knick in Knick v. Township of Scott.
Featuring:
Christina M. Martin, Attorney, Pacific Legal Foundation

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.