In Knick v Scott, SCOTUS overruled precedent requiring property owners asserting takings by state or local government to exhaust state court remedies before seeking relief in the federal courts....more
7/1/2019
/ 42 U.S.C. ยง1983 ,
Federal v State Law Application ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Knick v Township of Scott Pennsylvania ,
Precedential Opinion ,
Property Owners ,
Reversal ,
SCOTUS ,
State Law Remedies ,
Takings Clause
The Supreme Court of the United States applied a multi-factor test to rule that a regulation prohibiting construction on an undersized lot contiguous to a second lot under common ownership was not a taking.
In the broadest...more
6/26/2017
/ Common Ownership ,
Fifth Amendment ,
Just Compensation ,
Land Parcels ,
Murr v Wisconsin ,
Property Owners ,
Reasonable Expectations Test ,
Regulatory Takings ,
SCOTUS ,
Takings Clause ,
Zoning Laws
Has DTE withheld distribution of complete easements, including the exhibit containing the legal description of the encumbered property, in an attempt to hide the true impacts of the easements from homeowners? Last night, I...more