Author Topic: Awaiting 'Knick'…Will SCOTUS Fix the Ripeness Mess?  (Read 825 times)

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Awaiting 'Knick'…Will SCOTUS Fix the Ripeness Mess?
« on: June 14, 2019, 11:26:29 pm »
Connecticut Law Tribune by Dwight Merriam June 11, 2019

The decision in an important takings case, Knick v. Township of Scott, Pennsylvania, reargued Jan. 16, is soon to be released. Be watching for it,…

The decision in an important takings case, Knick v. Township of Scott, Pennsylvania, reargued Jan. 16, is soon to be released. Be watching for it, because it could have a major impact on how governments regulate land use, and on the willingness of private property owners to challenge government regulation that overreaches. As an added bonus, we will get to see where Justice Brett Kavanaugh may position himself on property rights issues.

The issue is one of “ripeness;” specifically, whether the court should modify its 1985 decision in Williamson County Regional Planning Commission v. Hamilton Bank requiring that property owners exhaust their available state court remedies to ripen federal takings claims and, alternatively, whether Williamson County’s ripeness doctrine precludes direct federal review of facial, not applied, takings claims. Federal circuit courts are split on the latter question, with the Sixth, Ninth, Tenth and now the Third Circuits holding that facial claims are barred, while the First, Fourth and Seventh Circuits hold facial claims are exempt from Williamson County.

Ripeness has two prongs. The government must reach a final, determinative position because otherwise who knows if the regulation goes so far as to be a taking, and also how else can the measure of damages be calculated if the government’s absolute, bottom line, take-it-or-leave position is not known? Fair enough.

More: https://www.law.com/ctlawtribune/2019/06/11/awaiting-knickwill-scotus-fix-the-ripeness-mess/