Brownfield Laws can Save Green Building and the Planet
In Major Property Rights Decision, U.S. Supreme Court Rules That Property Owners May Sue in Federal Court Without Seeking a Just Compensation Remedy in State Court First
On June 21, 2019, the Supreme Court of the United States decided Knick v. Township of Scott, Pennsylvania, 588 U.S. __ (Case No. 17-647), a closely-watched property rights case that was argued first in October of 2018 and again in January of 2019 after Justice Brett Kavanaugh joined the Court. Knick addressed the requirement, established in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), that property owners must…
Wachet Auf and Lis Pendens
Supreme Court Rules That Takings Claims Can Be Brought In Federal Court, Reversing 30-Year-Old Precedent
On Friday, the U.S. Supreme Court issued its opinion in Knick v. Township of Scott, in which the Court ruled that a plaintiff in a takings claim need not first exhaust state-court remedies before bringing the claim before a federal court. The decision, addressing a largely procedural matter, is expected to lead to an increase in federal court litigation involving takings issues, and likely increases the chances that local governments may be required to…
“LABOR” THAT CAN BE PURSUED AGAINST A MILLER ACT PAYMENT BOND
SCOTUS Opens Up Federal Courts to Land Owners
For nearly 36 years, the United States Supreme Court’s decision in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985) severely frustrated, if not all but foreclosed, a property owner’s right to bring a claim in federal court based on a regulatory taking. Under the Fifth Amendment, a property owner whose land has been “taken” by the government is entitled to just compensation. …
U.S. Supreme Court Reverses Itself – Property Owners Can Have their Day in Federal Court
For over three decades, most property owners have been relegated to state courts when pursuing a takings claim against a state or local agency. In a 5-4 decision issued this week, the U.S. Supreme Court reversed itself and opened the door to the federal courthouse, allowing property owners to bypass the state courts and file a Fifth Amendment takings claim in federal court in the first instance. Knick v. Township of Scott, 588 U.S. __ (June…
D.C. Circuit Says NEPA Requires FERC To Inquire Into Up and Downstream Effects of Pipeline Project
In a recent opinion, the D.C. Circuit suggested the Federal Energy Regulatory Commission (FERC) must attempt to obtain information necessary to evaluate the environmental effects of a proposed interstate pipeline project due to the project’s effect on natural gas production and consumption. In Birckhead v. FERC, USCA Case No. 18-1218 (D.C. Cir. 2019), the court criticized FERC for failing to obtain and consider information about upstream production and downstream consumption in its National Environmental…
SCOTUS Overrules “State Compensation” Ripeness Requirement for Takings Claims
Today, the United States Supreme Court issued its long-awaited decision in Knick v. Township of Scott. In a 5-4 decision, the Court overruled the requirement that property owners first pursue takings claims in state court before bringing a takings claims under the Fifth Amendment to the United States Constitution in federal court. That requirement (known as ripeness) was established in Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172 (1985). In the wake…
HUD Files Assistance Animal FHA Case Asserting Disability Discrimination and Retaliation
Yesterday, the U.S. Department of Housing & Urban Development (HUD) issued a press released stating it formally charged a New York property owner and manager with violating the Fair Housing Act (FHA). In its charging documents, HUD claims that the Respondents failed to permit a mother to have an assistance animal for her son (as the son has a mental disability). Additionally, HUD asserts that the owner and manager retaliated against the renters for exercising…