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 City. Williamson County requires, in part, that a property owner go through state proceedings prior to bringing a takings case in federal court.