By Paul Beard ( June 28, 2019, 2:12 PM EDT) -- The takings clause of the Fifth Amendment to the U.S. Constitution bars uncompensated takings of private property. If, say, a state or local government[1] takes property without providing just compensation, the owner has a federal taking claim — and, presumably, has the right to take his case to federal court. But until the U.S. Supreme Court's recent decision in Knick v. Township of Scott,[2] the owner had no such right: Astonishingly, a federal takings claimant was effectively barred from federal court. How could that be?...
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