10
Oct

Supreme Court Hears “Taking” Argument

From NAHB Now

The U.S. Supreme Court on Oct. 3 heard arguments in Knick v. Township of Scott, an important land use case which could decide whether a plaintiff can bring a Fifth Amendment “takings” claim in federal court. NAHB filed a merits-level amicus brief in June.

It’s very difficult today for a property owner to bring a takings claim into federal court because of the 1985 Supreme Court decision, Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CityWilliamson County requires, in part, that a property owner go through state proceedings prior to bringing a takings case in federal court.

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