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Article
The Demise of Federal Takings Litigation
William & Mary Law Review
  • Stewart E. Sterk, Benjamin N. Cardozo School of Law
Publication Date
10-1-2006
Abstract

For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's opinion anticipates. The counterintuitive result-that federal takings claims must be litigated in state court-plays a critical role in the Supreme Court's emerging takings jurisprudence, which largely delegates to state courts the primary responsibility for policing land use regulation.

Publisher
William & Mary Law School
Citation Information
Stewart E. Sterk. "The Demise of Federal Takings Litigation" William & Mary Law Review Vol. 48 (2006) p. 251
Available at: http://works.bepress.com/stewart_sterk/113/