Skip to main content
Presentation
The Supreme Shift in Takings Litigation - Knick v. Township of Scott
American Bar Association Real Property, Trust, and Estate Law Section (2020)
  • Michael Pollack, Benjamin N. Cardozo School of Law
Abstract
Last term, in Knick v. Township of Scott, the Supreme Court overruled the long-standing requirement that state takings claims first be litigated in state courts. The Court held that a property owner has an actionable takings claim when the government takes property without paying for it and a property owner may proceed directly to federal court, even if there are avenues for redress under state law. Whether the ruling marked an unprincipled departure from stare decisis  or a correction of a flawed principle, the ruling was not simply a redrawing of jurisdictional lines, but unwittingly created a host of thorny issues, including on the meaning of a taking,  what municipal acts implicate the takings clause, and the continuing role of state administrative agencies in condemnation proceedings.  The panelists will offer insight on these and other weighty issues.

Panel also featured: Stewart E. Sterk, Robert H. Thomas, & Shelby Green

Disciplines
Publication Date
February 11, 2020
Citation Information
Michael Pollack. "The Supreme Shift in Takings Litigation - Knick v. Township of Scott" American Bar Association Real Property, Trust, and Estate Law Section (2020)
Available at: http://works.bepress.com/michael-pollack/1/