The Supreme Court will hear reargument in Knick v. Township of Scott, Pennsylvania on January 16, 2019, to decide whether a property owner can bring a regulatory takings claim in federal court. Since the 1985 Williamson County v. Hamilton Bank decision, property owners have been able to file claims against local government for takings only in state court. And once there, any decision is res judicata to any subsequent federal action. This makes property rights claims the only constitutional right that cannot be vindicated in federal court.
Mrs. Rose Mary Knick owns roughly 40 acres in rural Scott Township in Pennsylvania. At the behest of some local activists the township passed an ordinance that allows members of the public to trespass across her property to visit some large stones that the activists claim are colonial-era gravestones. Mrs. Knick has no legal way to stop this invasion of her property – short of suing for a taking. When she tried to sue in state court she was rebuffed because she hadn’t yet been fined for not allowing the trespass. When she next tried to sue in federal court for a taking, she was again rebuffed, this time because of Williamson County.
The Supreme Court first heard oral argument on October 3, 2018, before an eight-Justice Court. The primary question is whether Williamson County should be overturned. The October argument focused mainly on the nature of a claim for a taking without just compensation. Now, with a full complement of nine Justices, the Court has asked for rehearing. This time the Court requested that the argument be directed to whether a local government becomes liable for a taking when the government actually invades or otherwise destroys the use and value of the property or whether there is no constitutional violation until after a state court denies compensation.
Featuring:
James S. Burling, Vice President for Litigation, Pacific Legal Foundation

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